Meeting Packet — Tourism, Infrastructure & Energy Subcommittee (February 8, 2022)
Summary
Meeting packet for the Tourism, Infrastructure & Energy Subcommittee of the Commerce Committee, Tuesday, February 8, 2022, 8:00 AM in Reed Hall (102 HOB). The agenda lists HB 1163 Sales Tax Exemptions for Hydrogen Products by Overdorf, HB 1303 Northeast Florida Regional Spaceport Authority by Duggan, HB 1435 Code and Traffic Enforcement by Leek, and proposed committee substitutes for HB 673 (Tourist Development Taxes) and HB 1517 (Motor Vehicles). The staff analysis of HB 1163 states that the bill creates a sales tax exemption for green hydrogen and defines that term. The packet ends with a summary of Amendment 1 by Representative Smith, D. to PCS for HB 1517, which removes the provision authorizing a temporary tag to be valid for 60 days.
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Tourism, Infrastructure & Energy
Subcommittee
Tuesday, February 8, 2022
8:00 am – 10:00 am
Reed Hall (102 HOB)
Meeting Packet
Chris Sprowls Brad Drake
Speaker Chair
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair
Meeting Agenda
Tuesday, February 8, 2022
8:00 AM – 10:00 AM
Reed Hall (102 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
HB 1163 Sales Tax Exemptions for Hydrogen Products by Overdorf
HB 1303 Northeast Florida Regional Spaceport Authority by Duggan
HB 1435 Code and Traffic Enforcement by Leek
Consideration of the following proposed committee substitute(s):
PCS for HB 673 -- Tourist Development Taxes
PCS for HB 1517 -- Motor Vehicles
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 1163
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1163 Sales Tax Exemptions for Hydrogen Products
SPONSOR(S): Overdorf
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Walsh Keating
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
Hydrogen can be produced using a process called electrolysis, which splits water into hydrogen and oxygen.
When renewable energy is used as the source of electricity to power an electrolyzer, the resulting hydrogen is
referred to as green hydrogen. In Florida, NextEra Energy plans to propose a 20-megawatt project that will
produce 100 percent green hydrogen from solar power.
Florida law provides a sales and use tax exemption on the purchase of machinery and equipment necessary to
produce electrical or steam energy resulting from burning boiler fuels other than residual oil. There is also a
sales tax exemption for various items purchased for use as a combustible fuel in an industrial manufacturing,
processing, compounding, or production.
The bill provides that machinery and equipment necessary to produce electrical or steam energy that results
from burning hydrogen is exempt from sales and use tax. The bill also provides that hydrogen is exempt from
sales and use tax when purchased for use as a combustible fuel in an industrial manufacturing, processing,
compounding, or production process at a fixed location.
The bill creates a sales tax exemption for green hydrogen and defines that term. The bill exempts from sales
and use tax:
The purchase of machinery and equipment primarily used in the production, storage, transportation,
compression, or blending of green hydrogen.
The purchase of machinery and equipment primarily used in the production, storage, transportation,
compression, or blending of ammonia derived from green hydrogen, if the ammonia will be converted
back to green hydrogen before its use or sale.
The purchase of machinery and equipment that are necessary to produce electrical energy resulting
from the electrochemical reaction of green hydrogen and oxygen in a fuel cell. The electrical energy
must be primarily used in manufacturing, processing, compounding, or producing for sale items of
tangible personal property in this state.
The bill provides that purchasers of machinery and equipment qualifying for this exemption must furnish the
vendor with an affidavit stating that the item or items to be exempted will be used for the purposes specified in
the exemption, unless the purchaser has self-accrual authority. The bill incorporates existing penalties for
submitting a fraudulent claim.
The bill has an approximately $200,000 recurring negative fiscal impact to state government revenues, and a
$100,000 recurring negative fiscal impact to local government revenues.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Green Hydrogen
Hydrogen is the simplest and smallest element in the periodic table, and no matter how hydrogen is
produced, it ends up with the same carbon-free molecule. The pathways to produce hydrogen are
diverse, and so are the emissions of greenhouse gases like carbon dioxide (CO 2) and methane (CH4)
that result from the production of many types of hydrogen.1
Some methods of producing hydrogen, mainly grey hydrogen2 and blue hydrogen,3 use methane or
coal to power the production process. Hydrogen may also be produced using a process called
electrolysis, which splits water into hydrogen and oxygen.4 When renewable energy is used as the
source of electricity to power an electrolyzer,5 the resulting hydrogen can result in zero greenhouse gas
emissions 6 and is referred to as green hydrogen. Electrolyzers range in size, varying from small
appliance-sized units to larger-scale central production facilities that can be tied directly to renewable
forms of electricity production to power the unit.7
While utilizing green hydrogen could help reduce emissions, the production of green hydrogen is capital
intensive.8 The production cost of green hydrogen must significantly decrease for it to be competitive
with more mature carbon-based pathways of energy production.9
Green hydrogen can be used for a variety of purposes, including:
Replacing existing hydrogen feedstock in areas like oil refining, ammonia production, and
steelmaking;
Replacing natural gas in some residential and commercial heating systems;
Energy storage;
As an alternative fuel source; and
Powering fuel-cell vehicles.10
1 World Economic Forum, What is Green Hydrogen and Why Do We Need It? An Expert Explains (Dec. 21, 2021)
https://www.weforum.org/agenda/2021/ 12/ what-is-green-hydrogen-expert-explains-benefits/ (last visited Feb. 4, 2022).
2 Grey hydrogen is traditionally produced from methane that is split with steam into carbon dioxide and hydrogen. Id.
3 Blue hydrogen production follows the same process as grey hydrogen production, but also includes the technology
necessary to capture the carbon dioxide produced when hydrogen is split from methane. Id.
4 Id.
5 The process of electrolysis uses an electrolyzer, which is a system that uses electricity to break water into hydrogen and
oxygen. Cummins, Inc., Electrolyzers 101: What They Are, How They Work , and Where They fit in a Green Economy,
https://www.cummins.com/news/2020/11/16/electrolyzers -101-what -they-are-how-they -work-and-where-they-fit-green-
economy (last visited Feb. 4, 2022).
6 Office of Energy Efficiency & Renewable Energy, Hydrogen Production: Electrolysis, U.S. Department of Energy,
https://www.energy.gov/eere/fuelcells/hydrogen -production-electrolysis (last visited Feb. 6, 2022).
7 Id.
8 World Economic Forum, supra note 1.
9 Office of Energy Efficiency &Renewable Energy, supra note 6.
10 Jason Deign, 5 Early Applications for Green Hydrogen (Jan. 2, 2020), https://www.greentechmedia.com/articles/read/5-
early-applications-for-green-hydrogen (last visited Feb. 6, 2022).
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NextEra Energy’s Green Hydrogen Project
In Florida, NextEra Energy11 plans to propose a 20-megawatt electrolyzer that will produce 100 percent
green hydrogen from solar power.12 The green hydrogen produced by the electrolyzer would replace a
portion of the natural gas consumed by the utility’s existing Okeechobee plant. The electricity to power
the electrolyzer would come from solar power.13
Sales Tax Exemptions
Florida law provides numerous exemptions from sales and use tax. 14 One sales tax exemption is for the
purchase of machinery and equipment used at a fixed location in which the machinery and equipment
is necessary to produce electrical or steam energy resulting from burning boiler fuels other than
residual oil. This electrical or steam energy must be primarily used in the manufacturing, processing,
compounding, or producing for sale items of tangible personal property in Florida. 15
Another sales tax exemption is for natural gas, residual oil, recycled oil, waste oil, solid waste material,
coal, sulfur, wood, wood residue, and wood bark when purchased for use as a combustible fuel in
industrial manufacturing, processing, compounding, or production at a fixed location. This exemption
may not be used unless the purchaser signs a certificate stating that the fuel is being purchased
exclusively for a designated purpose. This exemption does not apply to the use of boiler fuels that are
not used in manufacturing, processing, compounding, or producing items of tangible personal property
for sale.16
Florida’s sales tax law, does not currently define or reference the term “green hydrogen.” 17
Effect of the Bill
The bill provides that machinery and equipment necessary to produce electrical or steam energy that
results from burning hydrogen is exempt from sales and use tax.
The bill also provides that hydrogen is exempt from sales and use tax when purchased for use as a
combustible fuel in an industrial manufacturing, processing, compounding, or production process at a
fixed location.
The bill creates a sales and use tax exemption for green hydrogen. The bill defines the term "green
hydrogen" to mean hydrogen created using an electrolytic process powered from renewable energy
sources, including solar energy, wind energy, and geothermal energy. The term also includes hydrogen
created using the pyrolytic decomposition of methane gas.
Under the bill, the following are exempt from sales and use tax:
The purchase of machinery and equipment primarily used18 in the production, storage,
transportation, compression, or blending of green hydrogen. The machinery and equipment
must be used at a fixed location.
The purchase of machinery and equipment primarily used in the production, storage,
transportation, compression, or blending of ammonia derived from green hydrogen, if the
11 Florida Power & Light Company, a subsidiary of NextEra Energy, operates as one of Florida’s four investor-owned
electric utilities.
12 Stromska, Karl-Erik, NextEra Energy to Build Its First Green Hydrogen Plant in Florida (July 24, 2020),
https://www.greentechmedia.com/articles/read/nextera-energy-t o-build-its-first-green-hydrogen-plant-in-florida (last visited
Feb. 4, 2022).
13 Id.
14 S. 212.08, F.S.
15 S. 212.08(5)(c), F.S.
16 S. 212.08(7)(b), F.S.
17 Department of Revenue (DOR), Agency Analysis of 2022 House Bill 1163, p.2. (Jan. 12, 2022).
18 The bill defines the term “primarily used" to mean a use of at least 50 percent.
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ammonia will be converted back to green hydrogen before its use or sale. The machinery and
equipment must be used at a fixed location.
The purchase of machinery and equipment that are necessary to produce electrical energy
resulting from the electrochemical reaction of green hydrogen and oxygen in a fuel cell. The
electrical energy must be primarily used in manufacturing, processing, compounding, or
producing for sale items of tangible personal property in this state. The machinery and
equipment must be used at a fixed location.
The bill provides that purchasers of machinery and equipment qualifying for this exemption must furnish
the vendor with an affidavit stating that the item or items to be exempted are for the use designated
herein. Purchasers with self-accrual authority19 are not required to provide this affidavit but must
maintain all documentation necessary to prove the exempt status of purchases.
The bill provides that a person furnishing a false affidavit to the vendor for the purpose of evading
payment of any tax imposed by ch. 212, F.S., is subject to the penalty set forth in s. 212.085, F.S.,
providing penalties for the fraudulent claim of a tax exemption and as otherwise provided by law.
The bill authorizes the Department of Revenue (DOR) to adopt rules to implement this tax exemption.
B. SECTION DIRECTORY:
Section 1: Amends s. 323.08, F.S., relating to sales, rental, use, consumption, distribution, and storage
tax; specified exemptions.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
On January 28, 2022, the Revenue Estimating Conference (REC) adopted a negative recurring
fiscal impact of $200,000 to General Revenue, and insignificant negative fiscal impacts to state trust
funds, per fiscal year for the 2022-2023 through 2026-2027 fiscal years.20
2. Expenditures:
DOR may incur some expenditures associates with implementing this tax exemption and creating a
new rule to implement the sales tax exemption for green hydrogen.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
On January 28, 2022, the REC adopted be a negative recurring fiscal impact of $100,000 to local
governments for the 2022-2023 through 2026-2027 fiscal years.21
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
19 Pursuant to s. 212.183, F.S.,
20 Office of Economic and Demographic Research, Revenue Estimating Conference, 2022 Impact Conference Results, p.
296, http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2022/_pdf/page293 -298.pdf (last visited Feb. 4,
2022).
21 Id.
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The sales tax exemption may reduce costs associated with the production, storage, transportation,
compression, blending, and combustion of green hydrogen, which may enhance the economic viability
of green hydrogen projects in the state.
D. FISCAL COMMENTS:
The sales tax exemption created in the bill may be duplicative of an existing sales tax exemption for
industrial machinery and equipment by an eligible manufacturing business. Eligible manufacturing
businesses are defined as within industries classified under certain North American Industry
Classification System (NAICS) classifications as published in 2007. Included in eligible classification
codes is the NAICS code 325120, relating to industrial gas manufacturing, including hydrogen gas
manufacturing.22
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes DOR to adopt rules to implement the sales and use tax exemptions for green
hydrogen.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
22 Id. at 295. See also s. 212.08(7)(jjj), F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1163 2022
1 A bill to be entitled
2 An act relating to sales tax exemptions for hydrogen
3 products; amending s. 212.08, F.S.; exempting from
4 sales taxes the purchase of certain machinery and
5 equipment that produce electric or steam energy from
6 burning hydrogen; requiring a proration of the
7 exemption under specified conditions; exempting from
8 sales taxes the purchase of hydrogen used in specified
9 industrial settings; defining the terms "green
10 hydrogen" and "primarily used"; exempting from sales
11 taxes the purchase of certain machinery and equipment
12 involving green hydrogen, certain types of ammonia,
13 and certain electrochemical reactions of green
14 hydrogen and oxygen; authorizing the Department of
15 Revenue to adopt rules to implement the exemptions;
16 providing guidelines for purchasers to use in
17 obtaining an exemption; providing penalties; providing
18 an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (c) of subsection (5) and paragraph
23 (b) of subsection (7) of section 212.08, Florida Statutes, are
24 amended, and paragraph (ppp) is added to subsection (7) of that
25 section, to read:
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HB 1163 2022
26 212.08 Sales, rental, use, consumption, distribution, and
27 storage tax; specified exemptions.—The sale at retail, the
28 rental, the use, the consumption, the distribution, and the
29 storage to be used or consumed in this state of the following
30 are hereby specifically exempt from the tax imposed by this
31 chapter.
32 (5) EXEMPTIONS; ACCOUNT OF USE.—
33 (c) Machinery and equipment used in production of
34 electrical or steam energy.—
35 1. The purchase of machinery and equipment for use at a
36 fixed location which machinery and equipment are necessary in
37 the production of electrical or steam energy resulting from the
38 burning of hydrogen or boiler fuels other than residual oil, is
39 exempt from the tax imposed by this chapter. Such electrical or
40 steam energy must be primarily for use in manufacturing,
41 processing, compounding, or producing for sale items of tangible
42 personal property in this state. Use of a de minimis amount of
43 residual fuel to facilitate the burning of nonresidual fuel
44 shall not reduce the exemption otherwise available under this
45 paragraph.
46 2. In facilities where machinery and equipment are
47 necessary to burn hydrogen, or both residual and nonresidual
48 fuels, the exemption shall be prorated. Such proration shall be
49 based upon the production of electrical or steam energy from
50 nonresidual fuels and hydrogen as a percentage of electrical or
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51 steam energy from all fuels. If it is determined that 15 percent
52 or less of all electrical or steam energy generated was produced
53 by burning residual fuel, the full exemption shall apply.
54 Purchasers claiming a partial exemption shall obtain such
55 exemption by refund of taxes paid, or as otherwise provided in
56 the department's rules.
57 3. The department may adopt rules that provide for
58 implementation of this exemption. Purchasers of machinery and
59 equipment qualifying for the exemption provided in this
60 paragraph shall furnish the vendor with an affidavit stating
61 that the item or items to be exempted are for the use designated
62 herein. Any person furnishing a false affidavit to the vendor
63 for the purpose of evading payment of any tax imposed under this
64 chapter shall be subject to the penalty set forth in s. 212.085
65 and as otherwise provided by law. Purchasers with self-accrual
66 authority shall maintain all documentation necessary to prove
67 the exempt status of purchases.
68 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
69 entity by this chapter do not inure to any transaction that is
70 otherwise taxable under this chapter when payment is made by a
71 representative or employee of the entity by any means,
72 including, but not limited to, cash, check, or credit card, even
73 when that representative or employee is subsequently reimbursed
74 by the entity. In addition, exemptions provided to any entity by
75 this subsection do not inure to any transaction that is
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76 otherwise taxable under this chapter unless the entity has
77 obtained a sales tax exemption certificate from the department
78 or the entity obtains or provides other documentation as
79 required by the department. Eligible purchases or leases made
80 with such a certificate must be in strict compliance with this
81 subsection and departmental rules, and any person who makes an
82 exempt purchase with a certificate that is not in strict
83 compliance with this subsection and the rules is liable for and
84 shall pay the tax. The department may adopt rules to administer
85 this subsection.
86 (b) Boiler fuels.—When purchased for use as a combustible
87 fuel, purchases of natural gas, residual oil, recycled oil,
88 waste oil, solid waste material, coal, sulfur, hydrogen, wood,
89 wood residues or wood bark used in an industrial manufacturing,
90 processing, compounding, or production process at a fixed
91 location in this state are exempt from the taxes imposed by this
92 chapter; however, such exemption shall not be allowed unless the
93 purchaser signs a certificate stating that the fuel to be
94 exempted is for the exclusive use designated herein. This
95 exemption does not apply to the use of boiler fuels that are not
96 used in manufacturing, processing, compounding, or producing
97 items of tangible personal property for sale, or to the use of
98 boiler fuels used by any firm subject to regulation by the
99 Division of Hotels and Restaurants of the Department of Business
100 and Professional Regulation.
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101 (ppp) Green hydrogen.—
102 1. As used this paragraph, the term:
103 a. "Green hydrogen" means hydrogen created using an
104 electrolytic process powered from renewable energy sources,
105 including solar energy, wind energy, and geothermal energy. The
106 term also includes hydrogen created using the pyrolytic
107 decomposition of methane gas.
108 b. "Primarily used" means a use of at least 50 percent.
109 2. The following are exempt from the tax imposed by this
110 chapter:
111 a. The purchase of machinery and equipment primarily used
112 in the production, storage, transportation, compression, or
113 blending of green hydrogen. The machinery and equipment must be
114 used at a fix location
115 b. The purchase of machinery and equipment primarily used
116 in the production, storage, transportation, compression, or
117 blending of ammonia derived from green hydrogen, if the ammonia
118 will be converted back to green hydrogen before its u se or sale.
119 The machinery and equipment must be used at a fix location.
120 c. The purchase of machinery and equipment that are
121 necessary to produce electrical energy resulting from the
122 electrochemical reaction of green hydrogen and oxygen in a fuel
123 cell. The electrical energy must be primarily used in
124 manufacturing, processing, compounding, or producing for sale
125 items of tangible personal property in this state. The machinery
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126 and equipment must be used at a fix location.
127 3. Purchasers of machinery and equipment qualifying for
128 the exemption provided in this paragraph shall furnish the
129 vendor with an affidavit stating that the item or items to be
130 exempted are for the use designated herein. Purchasers with
131 self-accrual authority pursuant to s. 212.183 are not required
132 to provide this affidavit but shall maintain all documentation
133 necessary to prove the exempt status of purchases.
134 4. A person furnishing a false affidavit to the vendor for
135 the purpose of evading payment of any tax imposed under this
136 chapter shall be subject to the penalty set forth in s. 212.085
137 and as otherwise provided by law. Purchasers with self-accrual
138 authority pursuant to s. 212.183 are not required to provide an
139 affidavit but shall maintain all documentation necessary to
140 prove the exempt status of purchases.
141 5. The department may adopt rules to implement the
142 exemptions in this paragraph.
143 Section 2. This act shall take effect July 1, 2022.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 1163 by Rep. Overdorf
Sales Tax Exemptions for Hydrogen Products
AMENDMENT SUMMARY
February 8, 2022
Amendment 1 by Rep. Overdorf (Line 114):
• Corrects drafting errors.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1163 (2022)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Overdorf offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 114-126 and insert:
7 used at a fixed location.
8 b. The purchase of machinery and equipment primarily used
9 in the production, storage, transportation, compression, or
10 blending of ammonia derived from green hydrogen, if the ammonia
11 will be converted back to green hydrogen before its use or sale.
12 The machinery and equipment must be used at a fixed location.
13 c. The purchase of machinery and equipment that are
14 necessary to produce electrical energy resulting from the
15 electrochemical reaction of green hydrogen and oxygen in a fuel
16 cell. The electrical energy must be primarily used in
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1163 (2022)
Amendment No. 1
17 manufacturing, processing, compounding, or producing for sale
18 items of tangible personal property in this state. The machinery
19 and equipment must be used at a fixed location.
20
21 -----------------------------------------------------
22 T I T L E A M E N D M E N T
23 Remove lines 14-17 and insert:
24 hydrogen and oxygen; providing guidelines for purchasers to use
25 in obtaining an exemption; authorizing the Department of Revenue
26 to adopt rules to implement the exemptions; providing penalties;
27 providing
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HB 1303
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1303 Northeast Florida Regional Spaceport Authority
SPONSOR(S): Duggan and others
TIED BILLS: IDEN./SIM. BILLS: SB 1814
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Walsh Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Ways & Means Committee
4) Commerce Committee
SUMMARY ANALYSIS
Space Florida acts as Florida’s point of contact for state aerospace-related activities with federal agencies, the
military, state agencies, businesses, and the private sector. Space Florida is an independent special district
and a subdivision of the state. Special districts are subject to the Uniform Special District Accountability Act.
Facilities that are equipped to serve the aerospace industry, including a horizontal take-off runway and solid
rocket motor storage, are located in Northeast Florida.
The bill creates the Northeast Florida Regional Spaceport Authority (Authority), which will serve to promote the
development of Northeast Florida’s commercial space industry. The bill creates the Authority as an
independent special district, body politic and corporate, and a subdivision of the state. The bill provides certain
territorial limits for the Authority.
The bill authorizes the Authority to have and exercise all powers necessary or convenient to effect any or all of
the purposes for which it is organized. The bill states that the Authority will be governed by a nine-member
board of directors. Under the bill, the Authority and its board of directors are given various powers and duties
related to the purpose for which the Authority is created.
The bill grants bonding authority and provides tax exempt status for the Authority. The bill permits the
Department of Transportation to include projects of the Authority in the department’s annual legislative budget
request.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Space Florida
In 2006, the Legislature passed the Space Florida Act,1 which created Space Florida as an
independent special district to promote aerospace business development by facilitating business and
infrastructure financing, spaceport operations, research and development, workforce development, and
innovative education programs.2 Space Florida acts as Florida’s point of contact for state aerospace-
related activities with federal agencies, the military, state agencies, businesses, and the private sector.3
Space Florida is governed by a 13-member independent board of directors consisting of members
appointed by the Governor, the President of the Senate, the Speaker of the House of Representatives,
and members of the board of directors of Enterprise Florida, Inc. The Governor serves ex officio, or
may appoint a designee to serve as the chair and a voting member of the board. 4
Space Florida is an independent special district and a subdivision of the state. The boundary and
services area for the Space Florida special district covers the entire state.5 Space Florida is subject to
the provisions of the Uniform Special District Accountability Act, to the extent that the provisions of that
act do not conflict with the Space Florida Act.6
Special Districts
In 1989, the Legislature passed the Uniform Special District Accountability Act. 7 This Act sets forth the
general provisions for all special districts, addressing such issues as creation, operation, financial
reporting, taxation, assessments, elections, definitions, compliance with general law, and
comprehensive planning. Generally, the charter creating an independent special district must contain
the following information:
The purpose of the special district;
The powers, functions and duties of the special district relating to ad valorem taxes, bonds and
other revenue-raising abilities, budget preparation and approval, liens and lien foreclosures, and
the use of tax deeds and certificates for non-ad valorem assessments and contractual
agreements;
A method for establishing the district and amending the district charter;
The membership, organization, compensation, and administrative duties of the governing board
and its members;
Applicable financial disclosures, noticing, and reporting requirements;
Procedures and requirements for bond issues, if the special district will issue bonds;
Election procedures and requirements;
A method for financing the district;
Authorized millage rate, and methods for collecting non-ad valorem assessments, fees, or
service charges;
Planning requirements; and
District boundaries.8
1 See ss. 331.301 through 331.371, F.S.
2 S. 331.302, F.S.
3 S. 331.3011, F.S.
4 S. 331.3081, F.S.
5 S. 331.302(1), F.S.
6 Ss. 331.301-331.371, F.S.
7 Ch. 189, F.S.
8 S. 189.031, F.S.
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Northeast Florida Aerospace Commerce
Northeast Florida has multiple facilities that are equipped to serve the aerospace industry. For example,
Camp Blanding, located in Clay County, is equipped to provide rail transport and solid rocket motor
storage, and Cecil Air and Spaceport, located in Duval County, is equipped with a horizontal launch
runway.9
Effect of the Bill
The bill creates the Northeast Florida Regional Spaceport Authority (Authority), which will serve to
promote the development of Northeast Florida’s commercial space industry.
Legislative Findings and Intent
The bill provides a short title of the “Northeast Florida Regional Spaceport Authority Act.” The bill
contains legislative findings that:
The commercial aerospace industry of Florida is integral to the state’s long-term success in
diversifying its economy and creating an economy that can support the creation of high-value-
added businesses and jobs;
Attaining these economic goals requires a strong public and private commitment to the
commercial aerospace industry;
Clay, Duval, and Nassau Counties have ideal geographic spaceport attributes; and
It is the intent of the Legislature that commercial aerospace activities in Northeast Florida be
coordinated by the Authority and that, notwithstanding any other provision of law, the Authority
be an independent point of contact for commercial aerospace activities with federal agencies,
the military, state agencies, businesses, and the private sector.
Creation and Purpose of the Authority
The bill creates the Authority as an independent special district, body politic and corporate, and a
subdivision of the state. As an independent special district, the Authority would be subject to the
Uniform Special District Accountability Act. However, the bill states that to the extent that any provision
of the Uniform Special District Accountability Act conflicts with the bill, the bill will prevail.
The Authority would not be considered an agency as defined in s. 216.011(1)(qq) 10 or s. 287.012(1),11
F.S. Under the bill, the Authority’s purpose is to promote commercial aerospace business development
by facilitating business financing, spaceport operations, research and development, local workforce
development, and local education programs.
The bill requires that in carrying out its duties and responsibilities, the Authority must advise,
coordinate, cooperate, and when necessary, enter into memoranda of agreement with municipalities,
counties, regional authorities, state agencies and organizations both within and outside Florida,
appropriate federal agencies and organizations, and other interested persons and groups. The
Authority may not endorse any candidate for elected public office or contribute money to such a
candidate’s campaign.
The bill defines the following terms: “aerospace,” “authority,” “board” or “board of directors,” “bonds,”
“financing agreement,” “landing area,” “launch pad,” “launch support facilities,” “payload,” “person,”
“project,” “range,” “recovery,” “region,” “regional spaceport,” “spaceport,” “spaceport discretional
capacity improvement projects,” and “spaceport user.”
9 Attachment to email from Koby Adams, Legislative Assistant to Rep. Wyman Duggan, to Cochran Keating, Policy Chief,
RE: Global Space Economy DOC (Jan. 19, 2022).
10 S. 216.011, F.S. relates to planning and budgeting.
11 S. 216.012, F.S. relates to procurement of personal property and services.
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The bill provides that it supersedes any general or special act that is inconsistent with the language of
the bill.
Territory of the Authority
The bill provides that the following property constitutes the Authority’s regional spaceport territory:
Real property located in Duval County which is included within the boundaries of Cecil Airport
and Cecil Commerce Center and any other real property designated by the Jacksonville City
Council;12
Real property located in Nassau County as designated by the Nassau County Board of County
Commissioners;
Real property located in Clay County as designated by the Clay County Board of County
Commissioners; and
Real property within Duval, Nassau, and Clay Counties which is licensed by the Federal
Aviation Administration (FAA) as a spaceport.
Powers and Duties of the Authority
Under the bill, the Authority may conduct its affairs, carry on its operations, and have offices and
exercise the powers granted by the bill in any state, territory, district, or possession of the United States
or any foreign country. The bill gives the Authority the ability to have and exercise all powers necessary
or convenient to effect any or all of the purposes for which it is organized.
The bill further provides that the Authority may examine, develop, and use new concepts, designs, and
ideas relating to the purpose for which it is created. To do so, the bill provides that the Authority may
own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve experimental
spaceport facilities and services and otherwise undertake, sponsor, finance, and maintain research
activities, experimentation, and development, in order to promote the development and use of new
concepts, designs, and ideas in the fields of space exploration, commercialization of the space
industry, and spaceport facilities.
The bill states that the Authority may acquire real, personal, intangible, tangible, or mixed property,
within or without its territorial limits by purchase, gift, devise, or lease, on such terms and conditions as
the board may deem necessary or desirable, and sell or otherwise dispose of any of the assets and
properties of the authority.
With regard to real and personal property, the bill gives the Authority power to own, acquire, construct,
develop, create, reconstruct, equip, operate, maintain, extend, and improve launch pads, landing areas,
ranges, payload assembly buildings, payload processing facilities, laboratories, aerospace business
incubators, launch vehicles, payloads, space flight hardware, facilities and equipment for the
construction of payloads, space flight hardware, rockets, and other launch vehicles, and other
spaceport facilities and aerospace-related systems, including educational, cultural, and parking facilities
and aerospace-related initiatives.
The bill also gives the Authority powers relating to the construction, possession, maintenance, and
operation of:
Transportation facilities appropriate to meet the transportation requirements of the Authority
and activities conducted within the regional spaceport;
Electric power plants, transmission lines and related facilities, gas mains and facilities of any
nature for the production or distribution of natural gas, and transmission lines and related
facilities for the generation and transmission of power through traditional, new, and
experimental sources of power and energy;13
12 The bill provides that, notwithstanding any other provision of law, the spaceport facilities and projects owned and
administered by the Jacksonville Airport Authority will become the property and responsibility of the Authority.
13 With regard to utilities, the bill provides that the Authority may also: purchase sources of power for distribution within
any spaceport territory; develop and operate water and sewer systems; and develop and operate new and experimental
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Water and flood control facilities, subject to the rules and regulations of the appropriate water
management district;
Public safety facilities for the regional spaceport; and
Such works to construct facilities determined by the board to promote and ensure public safety.
The bill outlines other powers of the Authority as the abilities to:
Sue and be sued;
Adopt and use a corporate seal;
Acquire, enjoy, use, and dispose of patents, copyrights, and trademarks and any licenses and
other rights or interests under or in such licenses;
Purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote on, use, employ,
sell, mortgage, lend, pledge, or otherwise dispose of and otherwise use and deal in and with
shares and other interests in, or obligations of, other domestic or foreign corporations;
Lend money for its purposes, invest and reinvest its funds, and take and hold real and personal
property as security for the payment of funds loaned;
Make and execute any contracts and other instruments, including financing agreements with
persons or spaceport users, to facilitate the financing, construction, leasing, or sale of any
project;
Whenever deemed necessary by the board, lease any facilities or property for the use of the
Authority to carry out the purposes of the Authority;
Hire a safety officer with substantial experience in public safety procedures and programs for
space vehicle launching and related hazardous operations;14
Issue revenue bonds or other evidences of indebtedness;
In connection with any financing agreement, fix and collect fees, loan payments, rental
payments, and other charges for the use of any project in such amount as to provide sufficient
moneys to pay the principal of and interest on bonds as they become due and payable;
Recover the costs of a spaceport facility or system;
Prescribe, fix, establish, and collect rates, fees, rentals, tolls, fares, or other charges and revise
such revenues for the facilities and services furnished or to be furnished by the Authority and
the spaceport;
Recover any unpaid balance, all interest accrued thereon, and attorney fees and costs if any
rates, fees, rentals, tolls, fates, other charges, or delinquent penalties go unpaid and are in
default for 30 days or more;
Accept, receive, and receipt for federal moneys, property, and other moneys or properties,
either public or private, for the Authority’s purposes; and
Sell bonds in blocks in compliance with current law.
The bill provides that the Authority must, in accordance with FAA procedures, file the appropriate
federal notification to activate special use airspace in support of launch operations. Furthermore, the bill
states that the Authority must obtain the required environmental permits in accordance with state and
federal law. The bill requires the Authority to involve and utilize women, minorities, and socially and
economically disadvantaged business enterprises in all phases of the design, development,
construction, maintenance, and operation of spaceports developed by the bill.
Under the bill, the Authority is not required to pay any taxes on any project or any other property owned
by the Authority or on the income from such projects or property.
The bill provides that no corporation incorporated or authorized to transact business in Florida, nor any
person or business entity transacting business in Florida, may use the words “Northeast Florida
Regional Spaceport Authority” in its name, unless the board gives written approval for such use. The
public utilities. However, the Authority may not construct any of the aforementioned systems if a system of similar
character is actually being operated by a municipality or private company in the area adjacent thereto, unless such entity
consents to the construction.
14 The bill provides that the safety officer shall monitor and report on the safety and hazards of ground-based space
operations to the chair.
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bill authorizes the Department of State to dissolve any corporation that uses the Authority’s name
without consent to do so.
The bill requires the Authority to develop a spaceport master plan for expansion and modernization of
space transportation facilities within the region. The Authority must submit the plan to the Department
of Transportation and to any appropriate metropolitan planning organization. The department may
participate in the capital cost of eligible spaceport discretionary capacity improvement projects , and the
department’s annual legislative budget request shall be based on the proposed funding requested for
approved spaceport discretionary capacity improvement projects.
Board of Directors
The bill states that the Authority will be governed by a nine-member board of directors (board). Under
the bill, the Authority’s board of directors consists of:
Three members appointed by the Governor and confirmed by the Senate,15
Three members appointed by the Mayor of the City of Jacksonville and confirmed by the
Jacksonville City Council,
Two members appointed by the Clay County Board of County Commissioners, and
One member appointed by the Nassau County Board of County Commissioners.16
The bill provides that each member of the board will serve a term of four years beginning on June 1 of
the year in which he or she is appointed and will hold office until a successor has been appointed. The
bill provides a process for how a vacancy on the board must be filled.
Under the bill, the members of the board are not entitled to compensation but must be reimbursed for
travel expenses or other expenses incurred in their duties as provided by law.
Five voting members of the board shall constitute a quorum, and a resolution adopted by the board
may not become effective without the affirmative vote of at least five members.
Powers and Duties of the Board of Directors
The bill provides that the board must designate an individual who is a resident of the state, or a
qualified public depository, as treasurer of the Authority, who must have charge of the Authority’s funds.
The bill outlines how the treasurer must handle funds. Under the bill, the board may give the treasurer
additional powers and duties as it deems appropriate, and the board must determine the treasurer's
compensation.
The bill provides that the board may also employ a fiscal agent, who must be a resident of this state or
a corporation organized under the laws of this or any other state and authorized by such laws to act as
a fiscal agent in such state.
The bill provides that the board may:
Execute contracts and other documents, adopt all proceedings, and perform all acts determined
by the board to be necessary or desirable to carry out its purposes;
Establish, create, and delegate the proper authority to departments, committees, or other
entities the board deems necessary or desirable in the performance of any acts or other things
necessary to the exercise of the powers provided in the bill;
Provide financial services to support commercial aerospace-related business development
within the region;17
15 At least one of the members appointed by the Governor must be a resident and qualified elector of Clay County, Duval
County, or Nassau County.
16 Each of the six members not appointed by the Governor must be a resident and qualified elector of the county from
which he or she is appointed.
17 The bill provides what the financial services may include.
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Execute intergovernmental agreements and development agreements consistent with prevailing
statutory provisions;
Establish reserve funds for future board operations;
Enter into contracts for the use of projects and for the services and facilities furnished or to be
furnished by the Authority;
Discontinue and shut off services and facilities of any project if the rates, fees, rentals, tolls,
fares, or other charges for services and facilities are not paid when due;
Enter into and execute contracts and agreements relating to the common powers, duties, and
functions of the board and other officers, agents, and employees of the Authority, and the
respective governing body or bodies of one or more municipalities;
Authorize bonds by resolution;
Invest the funds of the Authority in and through the means outlined in the bill; and
Establish a fiscal year for the Authority.
The bill provides that the board has the following duties:
Adopt rules and orders to conduct the business of the authority, the maintenance of records,
and the form of all documents and records of the authority;
Prepare an annual report of operations for the previous fiscal year and submit the report to the
Governor, the President of the Senate, and the Speaker of the House of Representatives by
November 30th of each year;
Establish a safety program;
Secure insurance coverage within reasonable limits for liability; and
Secure reasonable levels of insurance coverage on its buildings, facilities, and property, if such
coverage is available and cost effective.
The Authority and Political Subdivisions
The bill provides that the Authority may exercise any of its rights, powers, privileges, and authority in
any portion of the regional spaceport lying within the boundaries of any municipality or other political
subdivision whose boundaries lie wholly or partly in the territory of the Authority to the same extent as
in areas of the regional spaceport not incorporated as part of a municipality or other political
subdivision. However, the Authority may only do so within the portion of the municipality or other
political subdivision lying within the boundaries of the regional spaceport.
The state, counties, municipalities, and other political subdivisions, public bodies, and agencies thereof
may aid and cooperate with the Authority in carrying out any of the purposes and projects of the
Authority, enter into cooperative agreements with the Authority, and participate in any such cooperative
agreement for carrying out the purpose and projects of the Authority. Any such agreement may not
exceed 99 years.
B. SECTION DIRECTORY:
Section 1: Creates ss. 331.601 through 331.661, F.S., otherwise known as the Northeast Florida
Regional Spaceport Authority Act.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
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See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may aid in developing Northeast Florida’s private aerospace industry, which may bring jobs to
the area.
D. FISCAL COMMENTS:
The bill grants bonding authority to the Northeast Florida Spaceport Authority. The bill provides tax
exempt status for the Authority. The bill permits the Department of Transportation to include projects of
the Authority in the department’s annual legislative budget request.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes the board of directors of the Authority to adopt rules to conduct the business of the
Authority. Under the bill, the Authority’s board of directors may adopt rules with respect to any of the
projects of the Authority, with notice and a public hearing.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill provides that it is the Legislature’s intent that the Authority be an independent point of contact
for commercial aerospace activities with federal agencies, the military, state agencies, businesses, and
the private sector. However, current law provides similar language for Space Florida, which is an
independent special district with territory that covers the entire State of Florida.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1303 2022
1 A bill to be entitled
2 An act relating to the Northeast Florida Regional
3 Spaceport Authority; creating part IV of chapter 331,
4 F.S.; providing a short title; providing legislative
5 findings and intent; creating the Northeast Florida
6 Regional Spaceport Authority; providing purpose and
7 responsibilities of the authority; prohibiting the
8 authority from endorsing a candidate for public
9 office; providing that the authority does not meet a
10 specified definition of the term "agency"; providing
11 applicability of certain provisions; providing
12 definitions; specifying authority territory; providing
13 powers of the authority; requiring the authority to
14 file a federal notification to activate certain
15 airspace; providing membership requirements and terms
16 of the authority's board of directors; requiring
17 members to file a statement of financial interests;
18 requiring the board to designate a treasurer;
19 authorizing the board to select depositories and
20 employ a fiscal agent and providing requirements
21 therefor; providing powers and duties of the board;
22 providing requirements for the exercise of powers;
23 authorizing the authority to construct projects,
24 furnish facilities and services, and collect charges
25 within the regional spaceport; providing powers of the
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26 authority relating to certain roads; providing for
27 recovery of certain costs by the authority;
28 authorizing the board to enter into certain contracts;
29 authorizing the board to shut off and discontinue
30 services and facilities under certain circumstances;
31 authorizing the authority to receive certain moneys
32 and properties; requiring compliance with laws
33 relating to the expenditure of federal moneys;
34 authorizing the board to enter into contracts with
35 municipalities for the performance of common powers,
36 duties, and functions; authorizing the state and its
37 political subdivisions to enter into certain
38 cooperative agreements with the authority; providing
39 the term of such agreements; providing powers of the
40 authority relating to contracts, grants, and
41 contributions; requiring compliance with certain
42 environmental provisions; providing for sovereign
43 immunity; providing legal remedies for certain
44 violations; providing for bond issuance, lien of
45 pledges, and trust agreements; providing for the sale,
46 authorization, and form of bonds; authorizing issuance
47 of interim or replacement bond certificates;
48 specifying negotiability of bonds; granting certain
49 authority to the board regarding defeasance of the
50 right, title, and interest of bondholders; specifying
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51 that bonds constitute legal investments or securities;
52 authorizing a resolution for the issuance of bonds to
53 contain certain covenants; providing procedures for
54 the validation of bonds; specifying that full
55 authority for bond issuance and exercise of powers
56 rests with the authority; providing that bonds do not
57 constitute an obligation of the state; authorizing the
58 board to make certain investments; establishing the
59 fiscal year of the authority; providing insurance and
60 safety program requirements; requiring the authority
61 to involve women, minorities, and disadvantaged
62 business enterprises in the development and operation
63 of spaceports; exempting the authority from certain
64 taxes; prohibiting a person or business entity from
65 using the name of the authority without written
66 approval; authorizing the Department of State to
67 dissolve an entity in violation of such prohibition;
68 specifying authority ownership of rights to
69 intellectual property; authorizing the Department of
70 Transportation to enter into a joint participation
71 agreement with the authority for certain purposes;
72 requiring the authority to develop a spaceport master
73 plan for submission to the department and metropolitan
74 planning organizations; authorizing the department to
75 participate in the capital cost of certain projects
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76 using available funds; providing construction;
77 providing an effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Part IV of chapter 331, Florida Statutes,
82 consisting of sections 331.601 through 331.661, is created to
83 read:
84 PART IV
85 NORTHEAST FLORIDA REGIONAL SPACEPORT AUTHORITY
86 331.601 Short title.—This part may be cited as the
87 "Northeast Florida Regional Spaceport Authority Act."
88 331.6011 Legislative findings and intent.—
89 (1) The Legislature finds and declares that the commercial
90 aerospace industry of this state is integral to the state's
91 long-term success in diversifying its economy and building a
92 knowledge-based economy that is able to support the creation of
93 high-value-added businesses and jobs.
94 (2) The Legislature finds that attaining this vision
95 requires a strong public and private commitment to the
96 commercial aerospace industry. It is the intent of the
97 Legislature to improve the regulatory flexibility for commercial
98 aerospace launches and the development of sites for commercial
99 aerospace launches and related research and development.
100 (3) Clay, Duval, and Nassau Counties have ideal geographic
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101 spaceport attributes, including access to multiple orbits,
102 proximity to water for launch activities, existing facilities
103 and infrastructure for recovery activities, proximity to
104 multiple channels of intermodal transportation infrastructure,
105 access to multiple sources of fuel and power generation, and
106 quality-of-life factors attractive to human capital.
107 (4) It is the intent of the Legislature that commercial
108 aerospace activities in Northeast Florida be coordinated by the
109 Northeast Florida Regional Spaceport Authority and that,
110 notwithstanding any other provision of law, the Northeast
111 Florida Regional Spaceport Authority be an independent point of
112 contact for commercial aerospace activities with federal
113 agencies, the military, state agencies, businesses, and the
114 private sector.
115 331.602 Northeast Florida Regional Spaceport Authority;
116 creation; purpose.—
117 (1) There is created the Northeast Florida Regional
118 Spaceport Authority, which is created as an independent special
119 district, a body politic and corporate, and a subdivision of the
120 state, to foster the growth and development of a sustainable
121 commercial aerospace industry in Northeast Florida. The
122 Northeast Florida Regional Spaceport Authority shall promote
123 commercial aerospace business development by facilitating
124 business financing, spaceport operations, research and
125 development, local workforce development, and innovative local
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126 education programs. The Northeast Florida Regional Spaceport
127 Authority has all the powers, rights, privileges, and authority
128 as provided under the laws of this state.
129 (2) In carrying out its duties and responsibilities, the
130 Northeast Florida Regional Spaceport Authority shall advise,
131 coordinate, cooperate, and, when necessary, enter into memoranda
132 of agreement with municipalities, counties, regional
133 authorities, state agencies and organizations both within and
134 outside Florida, appropriate federal agencies and organizations,
135 and other interested persons and groups.
136 (3) The Northeast Florida Regional Spaceport Authority may
137 not endorse any candidate for any elected public office or
138 contribute money to the campaign of any candidate for public
139 office.
140 (4) The Northeast Florida Regional Spaceport Authority is
141 not an agency as defined in s. 216.011(1)(qq) or s. 287.012.
142 (5) The Northeast Florida Regional Spaceport Authority is
143 subject to applicable provisions of chapter 189, including, but
144 not limited to, s. 189.051. To the extent that any provisi ons of
145 chapter 189 conflict with this part, this part shall prevail.
146 331.603 Definitions.—As used in this part, the term:
147 (1) "Aerospace" means the industry that designs and
148 manufactures aircraft, rockets, missiles, spacecraft,
149 satellites, space vehicles, space stations, space facilities or
150 components thereof, and equipment, systems, facilities,
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151 simulators, programs, and related activities, including, but not
152 limited to, the application of aerospace technologies in air -
153 based, land-based, and sea-based platforms for commercial,
154 civil, and defense purposes.
155 (2) "Authority" means the Northeast Florida Regional
156 Spaceport Authority.
157 (3) "Board" or "board of directors" means the governing
158 body of the Northeast Florida Regional Spaceport Authority.
159 (4) "Bonds" means revenue bonds or other evidences of
160 indebtedness, including bank loans, issued by the authority for
161 the purpose of financing its projects.
162 (5) "Financing agreement" means a lease, lease-purchase
163 agreement, lease with option to purchase, sale or installment
164 sale agreement, whether title passes in whole or in part at any
165 time before, at, or after completion of the project, loan
166 agreement, or other agreement forming the basis for the
167 financing under this part, including any agreements, guarantees ,
168 or security instruments forming part of or related to providing
169 assurance of payment of the obligations under the financing
170 agreement.
171 (6) "Landing area" means the geographical area designated
172 by the authority for or intended for the landing and surface
173 maneuvering of any launch vehicle or other space vehicle.
174 (7) "Launch pad" means any launch pad, runway, airstrip,
175 or similar facility used for launching space vehicles.
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176 (8) "Launch support facilities" means facilities that are
177 located at launch sites or launch ranges that are required to
178 support launch activities, including launch vehicle assembly,
179 launch vehicle operations and control, communications, and
180 flight safety functions, as well as payload operations, control,
181 and processing.
182 (9) "Payload" means any property or cargo to be
183 transported aboard any vehicle launched by or from a spaceport.
184 (10) "Person" means any individual, community college,
185 college, university, firm, association, joint venture,
186 partnership, estate, trust, business trust, syndicate,
187 fiduciary, corporation, nation, federal, state, or local
188 government, government or nongovernment agency, subdivision of
189 the state, municipality, county, business entity, or any other
190 group or combination thereof.
191 (11) "Project" means any activity associated with any
192 development, improvement, property, launch, utility, facility,
193 system, works, road, sidewalk, enterprise, service, or
194 convenience, which may include coordination with federal and
195 state partners or agencies; any rocket, capsule, modu le, launch
196 facility, assembly facility, operations or control facility,
197 tracking facility, administrative facility, or any other type of
198 aerospace-related transportation vehicle, station, or facility;
199 any type of equipment or instrument to be used or usefu l in
200 connection with any of the foregoing; any type of intellectual
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201 property and intellectual property protection in connection with
202 any of the foregoing, including, without limitation, any patent,
203 copyright, trademark, or service mark for, among other thi ngs,
204 computer software; any water, wastewater, gas, or electric
205 utility system, plant, or distribution or collection system; any
206 small business incubator initiative, including any startup
207 aerospace company and any aerospace business proposing to expand
208 or locate its business in this state; any research and
209 development company, research and development facility,
210 education and workforce training facility, storage facility, or
211 consulting service; or any tourism initiative, including any
212 space experience attraction, microgravity flight program,
213 aerospace launch-related activity, or space museum sponsored or
214 promoted by the authority.
215 (12) "Range" means the geographical area designated by the
216 authority or another appropriate body as the area for the
217 launching of rockets, missiles, launch vehicles, and other
218 vehicles designed to reach high altitude.
219 (13) "Recovery" means the recovery of space vehicles and
220 payloads that have been launched from or by a spaceport.
221 (14) "Region" means Clay, Duval, and Nassau Counties.
222 (15) "Regional spaceport" means the geographical area
223 designated in s. 331.604 as may be amended from time to time.
224 (16) "Spaceport" means any area of land or water, or any
225 manmade object or facility located therein, which area is
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226 intended for public use or for the launching, takeoff, and
227 landing of spacecraft and aircraft, and includes any appurtenant
228 areas that are used or intended for public use, for spaceport
229 buildings, or for other spaceport facilities, launch support
230 facilities, spaceport projects, or rights-of-way.
231 (17) "Spaceport discretionary capacity improvement
232 projects" means capacity improvements that enhance space
233 transportation capacity at spaceports that have had one or more
234 orbital or suborbital flights during the previous calend ar year
235 or have an agreement in writing for installation of one or more
236 regularly scheduled orbital or suborbital flights upon the
237 commitment of funds for stipulated spaceport capital
238 improvements.
239 (18) "Spaceport user" means any person who uses the
240 facilities or services of any spaceport. For the purposes of any
241 exemptions or rights granted under this part, a person shall be
242 deemed a spaceport user only during the time period in which the
243 person has in effect a contract, memorandum of understanding, or
244 agreement with the spaceport, and such rights and exemptions
245 shall be granted with respect to transactions relating only to
246 spaceport projects.
247 331.604 Regional spaceport territory.—The following
248 property shall constitute the authority's regional spaceport
249 territory:
250 (1) Real property located in Duval County which is
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251 included within the boundaries of Cecil Airport and Cecil
252 Commerce Center and any other real property designated by the
253 Jacksonville City Council. Notwithstanding any other provision
254 of law, the spaceport facilities and projects owned and
255 administered by the Jacksonville Airport Authority will become
256 the property and responsibility of the authority upon this part
257 becoming law.
258 (2) Real property located in Nassau County as designated
259 by the Nassau County Board of County Commissioners.
260 (3) Real property located in Clay County as designated by
261 the Clay County Board of County Commissioners.
262 (4) Real property within Duval, Nassau, and Clay Counties
263 which is licensed by the Federal Aviation Administration as a
264 spaceport.
265 331.605 Powers of authority.—The authority may:
266 (1) Sue and be sued by its name in any court of law or in
267 equity.
268 (2) Adopt and use a corporate seal and alter the same at
269 pleasure.
270 (3) Conduct its affairs, carry on its operations, and have
271 offices and exercise the powers granted by this part in any
272 state, territory, district, or possession of the United States
273 or any foreign country.
274 (4) Acquire, enjoy, use, and dispose of patents,
275 copyrights, and trademarks and any licenses and other rights or
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276 interests under or in such licenses.
277 (5) Purchase, take, receive, subscribe for, or otherwise
278 acquire, own, hold, vote on, use, employ, sell, mortgage, lend,
279 pledge, or otherwise dispose of and otherwise use and deal in
280 and with shares and other interests in, or obligations of, other
281 domestic or foreign corporations, whether for profit or not for
282 profit, associations, partnerships, or individuals, or direct or
283 indirect obligations of the United States or of any other
284 government, state, territory, governmental district, or
285 municipality, or of any instrumentality of such governmental
286 units.
287 (6) Lend money for its purposes, invest and reinvest its
288 funds, and take and hold real and personal property as security
289 for the payment of funds loaned.
290 (7) Have and exercise all powers necessary or convenient
291 to effect any or all of the purposes for which it is organized.
292 (8) Acquire property, real, personal, intangible,
293 tangible, or mixed, within or without its territorial limits, in
294 fee simple or any lesser interest or estate, by purchase, gift,
295 devise, or lease, on such terms and conditions as the board may
296 deem necessary or desirable, and sell or otherwise dispose of
297 the same and of any of the assets and properties of the
298 authority.
299 (9) Make and execute any and all contracts and other
300 instruments necessary or convenient to the exercise of its
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301 powers, including financing agreements with persons or spaceport
302 users to facilitate the financing, construction, leasing, or
303 sale of any project.
304 (10) Whenever deemed necessary by the board, lease as
305 lessor or lessee to or from any person, public or private, any
306 facilities or property for the use of the authority and carry
307 out any of the purposes of the authority.
308 (11) Own, acquire, construct, develop, create,
309 reconstruct, equip, operate, maintain, extend, and improve
310 launch pads, landing areas, ranges, payload assembly buildings,
311 payload processing facilities, laboratories, aerospace business
312 incubators, launch vehicles, payloads, space flight hardware,
313 facilities and equipment for the construction of payloads, space
314 flight hardware, rockets, and other launch vehicles, and other
315 spaceport facilities and other aerospace-related systems,
316 including educational, cultural, and parking facilities an d
317 aerospace-related initiatives.
318 (12) Own, acquire, construct, reconstruct, equip, operate,
319 maintain, extend, or improve transportation facilities
320 appropriate to meet the transportation requirements of the
321 authority and activities conducted within the regional
322 spaceport.
323 (13) Own, acquire, construct, reconstruct, equip, operate,
324 maintain, extend, or improve electric power plants, transmission
325 lines and related facilities, gas mains and facilities of any
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326 nature for the production or distribution of natural gas, and
327 transmission lines and related facilities for the generation and
328 transmission of power through traditional, new, and experimental
329 sources of power and energy; purchase electric power, natural
330 gas, and other sources of power for distribution within any
331 spaceport territory; develop and operate water and sewer systems
332 and waste collection and disposal consistent with chapter 88 -
333 130, Laws of Florida; and develop and operate such new and
334 experimental public utilities, including, but not limited to,
335 centrally distributed heating and air-conditioning facilities
336 and services, closed-circuit television systems, and computer
337 services and facilities, as the board determines. However, the
338 authority may not construct any system, work, project, or
339 utility authorized to be constructed under this subsection if a
340 system, work, project, or utility of a similar character is
341 being actually operated by a municipality or private company in
342 the municipality or territory adjacent thereto unless such
343 municipality or private company consents to such construction.
344 (14) Subject to the rules and regulations of the
345 appropriate water management district, own, acquire, construct,
346 reconstruct, equip, maintain, operate, extend, and improve water
347 and flood control facilities. The authority may receive moneys,
348 disbursements, and assistance from the state available to flood
349 control or water management districts and navigation districts
350 or agencies.
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351 (15) Own, acquire, construct, reconstruct, equip,
352 maintain, operate, extend, and improve public safety facilities
353 for the regional spaceport, including security stations,
354 security vehicles, fire stations, water mains and plugs, and
355 fire trucks and other vehicles and equipment; hire employees,
356 security officers, and firefighters; and undertake such works
357 and construct such facilities determined by the board to be
358 necessary or desirable to promote and ensure public safety
359 within the regional spaceport.
360 (16) Hire, through the chair of its board of directors, a
361 safety officer with substantial experience in public safety
362 procedures and programs for space vehicle launching and related
363 hazardous operations. The safety officer shall monitor and
364 report on the safety and hazards of ground-based space
365 operations to the chair.
366 (17) Examine, develop, and use new concepts, designs, and
367 ideas; own, acquire, construct, reconstruct, equip, operate,
368 maintain, extend, and improve experimental spaceport facilities
369 and services; and otherwise undertake, sponsor, finance, and
370 maintain such research activities, experimentation, and
371 development as the board determines, in connection with any of
372 the projects that the authority is authorized to undertake
373 pursuant to the powers and authority vested in it by this part,
374 in order to promote the development and use of new concepts,
375 designs, and ideas in the fields of space exploration,
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376 commercialization of the space industry, and spaceport
377 facilities.
378 (18) Issue revenue bonds or other evidences of
379 indebtedness, including bank loans, authorized by this part or
380 any other law and pay all or part of the cost of the
381 acquisition, construction, reconstruction, extension, repair,
382 improvement, or maintenance of any project or combination of
383 projects, including environmental mitigation, payloads and space
384 flight hardware, and equipment for research, development, and
385 educational activities, to provide for any facility, service, or
386 other activity of the authority, and provide for the retirement
387 or refunding of any bonds or obligations of the authority, or
388 for any combination of the foregoing purposes.
389 (19) In connection with any financing agreement, fix and
390 collect fees, loan payments, rental payments, and other charges
391 for the use of any project in such amount as to provide
392 sufficient moneys to pay the principal of and interest o n bonds
393 as they become due and payable, if so provided in the bond
394 resolution or trust agreement, and to create reserves for such
395 purposes. The fees, loan payments, rental payments, and other
396 charges and all other revenues and proceeds derived from the
397 project in connection with which the bonds are issued, except
398 such part thereof necessary for reserves or any expenditures
399 provided in the resolution authorizing the issuance of the bonds
400 or in the trust agreement securing the bonds, shall be set
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401 aside, at the time specified in the resolution or trust
402 agreement, in a sinking fund that may be pledged to and charged
403 with the payment of the principal of and the interest on such
404 bonds as they become due and the redemption price or the
405 purchase price of bonds retired by call or purchase as provided
406 therein. Such pledge is valid and binding from the time the
407 pledge is made. The fees, loan payments, rental payments, other
408 charges, and all other revenues and proceeds so pledged and
409 thereafter received by or on behalf of the authority shall
410 immediately be subject to the lien of any such pledge without
411 any physical delivery thereof or further act, and the lien of
412 any such pledge is valid and binding as against all parties
413 having claims of any kind in tort, contract, or otherwise
414 against the authority, regardless of whether such parties have
415 notice thereof. The resolution or any trust agreement by which a
416 pledge is created need not be filed or recorded, except in the
417 records of the authority. The use and disposition of money to
418 the credit of the sinking fund shall be subject to the
419 provisions of the resolution authorizing the issuance of such
420 bonds or the provisions of such trust agreement.
421 331.606 Federal airspace notification.—In accordance with
422 Federal Aviation Administration procedures, the authority shall
423 file the appropriate federal notification to activate special
424 use airspace in support of its launch operations.
425 331.6081 Board of directors.—The authority shall be
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426 governed by a nine-member independent board of directors that
427 consists of three members appointed by the Governor and
428 confirmed by the Senate, three members appointed by the Mayor of
429 the City of Jacksonville and confirmed by the Jacksonville City
430 Council, two members appointed by the Clay County Board of
431 County Commissioners, and one member appointed by the Nassau
432 County Board of County Commissioners. At least one of the three
433 members appointed by the Governor must be a resident and
434 qualified elector of Clay County, Duval County, or Nassau
435 County. Each of the six members not appointed by the Governor
436 must be a resident and qualified elector of the county from
437 which he or she is appointed. Each member shall serve a term of
438 4 years beginning on June 1 of the year in which he or she is
439 appointed and shall hold office until a successor has been
440 appointed and has qualified. A vacancy on the board shall be
441 filled for the remainder of the unexpired term in the same
442 manner as the original appointment. Any member appointed to the
443 board for two consecutive full terms is not eligible for
444 appointment to the next succeeding term. The board shall
445 annually designate one of its members as chair, one of its
446 members as vice chair, and one of its members as secretary. The
447 members of the board are not entitled to compensation but shall
448 be reimbursed for travel expenses or other expenses actually
449 incurred in their duties as provided by law. Five voting members
450 of the board shall constitute a quorum, and a resolution adopted
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451 by the board may not become effective without the affirmat ive
452 vote of at least five members. Each member of the board shall
453 file as his or her mandatory financial disclosure a statement of
454 financial interests with the Commission on Ethics as provided in
455 s. 112.3145.
456 331.609 Treasurer; depositories; fiscal agent.—
457 (1) The board shall designate an individual who is a
458 resident of the state, or a qualified public depository as
459 defined in s. 280.02, as treasurer of the authority, who shall
460 have charge of the funds of the authority. Such funds shall be
461 disbursed only upon the order of or pursuant to the resolution
462 of the board by warrant, check, authorization, or direct deposit
463 pursuant to s. 215.85, signed or authorized by the treasurer or
464 his or her representative or by any other person authorized by
465 the board. The board may give the treasurer such additional
466 powers and duties as it deems appropriate and shall determine
467 the treasurer's compensation. The board may require the
468 treasurer to give a bond in such amount, on such terms, and with
469 such sureties as are deemed satisfactory to the board to secure
470 the performance by the treasurer of his or her powers and
471 duties. The board shall audit or have audited the books of the
472 treasurer at least once per year.
473 (2) The board may select as depositories in which the
474 funds of the board and of the authority shall be deposited a
475 qualified public depository as defined in s. 280.02, upon such
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476 terms and conditions as to the payment of interest on such funds
477 by such depository the board deems just and reasonable. The
478 funds of the authority may be kept in or removed from the State
479 Treasury upon written notification from the chair of the board
480 to the Chief Financial Officer.
481 (3) The board may employ a fiscal agent, who shall be a
482 resident of this state or a corporation organized under the laws
483 of this or any other state and authorized by such laws to act as
484 such fiscal agent in such state.
485 331.610 Powers and duties of board of directors.—
486 (1) The board of directors may:
487 (a) Execute all contracts and other documents, adopt all
488 proceedings, and perform all acts determined by the board to be
489 necessary or desirable to carry out the purposes of this part.
490 The board may authorize one or more of its members to execute
491 contracts and other documents on behalf of the board or the
492 authority.
493 (b) Establish and create such departments, committees, or
494 other entities as the board deems necessary or desirable in the
495 performance of any acts or other things necessary to the
496 exercise of the powers provided in this part, and delegate to
497 such departments, committees, or other entities such
498 administrative duties and other powers as the board deems
499 necessary or desirable.
500 (c) Provide financial services to support commercial
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501 aerospace-related business development within the region.
502 Financial services may include, but are not limited to,
503 insuring, coinsuring, or originating for sale direct aerospace-
504 related loans; direct lending; guaranteeing and collateralizing
505 loans; creating accounts; capitalizing, underwriting, leasing,
506 selling, or securing funding for aerospace-related
507 infrastructure; investing in permissible securities; organizing
508 financial institutions and international bank syndicates; and
509 acquiring, accepting, or administering grants, contracts, and
510 fees from other organizations to perform activities that are
511 consistent with the purposes of the authority's business plan.
512 If the board determines that a financial services entity is
513 necessary, the board may create, form, or contract with one or
514 more such entities.
515 (d) Execute intergovernmental agreements and development
516 agreements consistent with prevailing statutory provisions,
517 including, but not limited to, special benefits or tax increment
518 financing initiatives.
519 (e) Establish reserve funds for future board operations.
520 (2) The board of directors shall:
521 (a) Adopt rules and orders to conduct the business of the
522 authority, the maintenance of records, and the form of all
523 documents and records of the authority. The board may adopt
524 rules with respect to any of the projects of the authority with
525 notice and a public hearing.
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526 (b) Prepare an annual report of operations for the
527 previous fiscal year and submit the report to the Governor, the
528 President of the Senate, and the Speaker of the House of
529 Representatives by November 30. The report must include, but not
530 be limited to, a balance sheet, an income statement, a statement
531 of changes in financial position, a reconciliation of changes in
532 equity accounts, a summary of significant accounting principles,
533 the auditor's report, a summary of the status of existing and
534 proposed bonding projects, comments from management about the
535 year's business, and prospects for the following year.
536 331.611 Exercise of powers within municipalities and other
537 political subdivisions.—The authority may exercise any of its
538 rights, powers, privileges, and authority in any and all
539 portions of the regional spaceport lying within the boundaries
540 of any municipal corporation or other political subdivision the
541 boundaries of which lie wholly or partly within the geographical
542 limits of the regional spaceport, to the same extent and in the
543 same manner as in areas of the regional spaceport not
544 incorporated as part of a municipality or other political
545 subdivision. With respect to any municipal corporation or other
546 political subdivision the boundaries of which lie partly within
547 and partly without the geographical limits of the regional
548 spaceport, the authority may exercise its rights, powers,
549 privileges, and authority only within the portion of the
550 municipal corporation or other political subdivision lying
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551 within the boundaries of the regional spaceport.
552 331.612 Furnishing facilities and services within regional
553 spaceport.—The authority may construct, develop, create,
554 maintain, and operate its projects within the regional
555 spaceport, including any portions of the regional spaceport
556 located inside the boundaries of any incorporated municipality
557 or other political subdivision, and offer, supply, and furnish
558 the facilities and services provided for in this part to, and
559 establish and collect fees, rentals, and other charges from,
560 persons, public or private, within the geographical limits of
561 the regional spaceport and for the use of the authority itself.
562 331.613 Power of authority; roads.—Within the geographical
563 limits of the regional spaceport, the authority may acquire,
564 through purchase or interagency agreement, or as otherwise
565 provided by law, and construct, control, and maintain, roads
566 deemed necessary by the authority and connections thereto and
567 extensions thereof acquired, constructed, or maintained in
568 accordance with established highway safety standards. However,
569 if a road being addressed by the authority is owned by another
570 agency or jurisdiction, the authority, before proceeding with
571 the proposed project or work activity, must coordinate t he
572 desired work with the owning agency or jurisdiction or must
573 successfully execute an interagency agreement with the owning
574 agency or jurisdiction.
575 331.616 Revenues; procedure for adoption and modification;
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576 minimum requirements.—
577 (1) To recover the costs of a spaceport facility or
578 system, the authority may prescribe, fix, establish, and collect
579 rates, fees, rentals, tolls, fares, or other charges,
580 hereinafter referred to as "revenues," and revise such revenues
581 from time to time, for the facilities and services furnished or
582 to be furnished by the authority and the spaceport, including,
583 but not limited to, launch pads, ranges, payload assembly and
584 processing facilities, visitor and tourist facilities,
585 transportation facilities, and parking and other related
586 facilities. The authority may provide for reasonable penalties
587 against any user or property for any such revenues that are
588 delinquent.
589 (2) The board may enter into contracts for the use of the
590 projects of the authority and for the services and facilit ies
591 furnished or to be furnished by the authority, including, but
592 not limited to, launch services, payload assembly and
593 processing, and other commercial sector launch and aerospace -
594 related services, for such consideration and on such other terms
595 and conditions as the board approves. Such contracts, and
596 revenues or service charges received or to be received by the
597 authority thereunder, may be pledged as security for any of the
598 bonds of the authority.
599 331.617 Recovery of delinquent charges.—If any of the
600 rates, fees, rentals, tolls, fares, other charges, or delinquent
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601 penalties are not paid when due and are in default for 30 days
602 or more, the unpaid balance thereof and all interest accrued
603 thereon, together with attorney fees and costs, may be recovered
604 by the authority in a civil action.
605 331.618 Discontinuance of service.—If the rates, fees,
606 rentals, tolls, fares, or other charges for the services and
607 facilities of any project are not paid when due, the board may
608 discontinue and shut off such services and facilities until such
609 rates, fees, rentals, tolls, fares, or other charges, including
610 interest, penalties, and charges for the shutting off,
611 discontinuance, and restoration of such services and facilities,
612 are fully paid. Such delinquent rates, fees, rentals, tolls,
613 fares, or other charges, together with interest, penalties, and
614 charges for the shutting off, discontinuance, and restoration of
615 such services and facilities, and reasonable attorney fees and
616 other expenses, may be recovered by the authority by suit in any
617 court of competent jurisdiction. The authority may also enforce
618 payment of such delinquent rates, fees, rentals, tolls, fares,
619 or other charges by any other lawful method.
620 331.621 Federal and other funds and aid.—The Authority may
621 accept, receive, and receipt for federal moneys, property, and
622 other moneys or properties, either public or private, for the
623 acquisition, planning, operation, construction, enlargement,
624 improvement, maintenance, equipment, or development of programs,
625 facilities, and sites for the authority. The authority must
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626 comply with the laws of the United States and any rules and
627 regulations adopted thereunder for the expenditure of federal
628 moneys.
629 331.622 Agreements with municipalities within region.—The
630 board of directors and the governing body or bodies of one or
631 more municipalities located wholly or partly within the region
632 may enter into and execute contracts and agreements relating to
633 the common powers, duties, and functions of the board and other
634 officers, agents, and employees of the authority, and the
635 respective governing body or bodies of one or more such
636 municipalities, and their respective officers, agents, and
637 employees, for the purpose of effective cooperation between and
638 coordination of the efforts of such municipality or
639 municipalities and the authority in discharging their common
640 functions, powers, and duties and in rendering services to the
641 residents and property owners of such municipality or
642 municipalities and the authority. The board and the governing
643 body or bodies of one or more such municipalities may also enter
644 into and execute contracts and agreements for the performance of
645 any of their common powers, duties, and functions by a central
646 agency or common agent of the contracting parties.
647 331.623 Cooperative agreements with the state, counties,
648 and municipalities.—
649 (1) The state and the counties, municipalities, and other
650 political subdivisions, public bodies, and agencies thereof may
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651 aid and cooperate with the authority in carrying out any of the
652 purposes and projects of the authority, enter into cooperative
653 agreements with the authority, and provide in any such
654 cooperative agreement for the making of loans, gifts, grants, or
655 contributions to the authority and the granting and conveyance
656 to the authority of real or personal property of any kind or
657 nature, or any interest therein, for the carrying out of the
658 purpose and projects of the authority; covenant in any such
659 cooperative agreement to pay all or any part of the costs of
660 acquisition, planning, development, construction,
661 reconstruction, extension, improvement, operation, and
662 maintenance of any projects of the authority; and pay all or any
663 part of the principal and interest on any bonds of the
664 authority.
665 (2) The state and the counties, municipalities, a nd other
666 political subdivisions, public bodies, and agencies thereof and
667 the authority may enter into cooperative agreements to provide
668 for the furnishing by the authority to the state or any county,
669 municipality, or other political subdivision, public bod y, or
670 agency thereof of any of the facilities and services of the
671 authority, or by the state or any county, municipality, or other
672 political subdivision, public body, or agency thereof to the
673 authority and to persons within the spaceport territory of
674 facilities and services of the type that the authority is
675 authorized to furnish or undertake, or such other facilities and
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676 services determined necessary or desirable by the board for the
677 carrying out of the purposes of this part. Without limitation of
678 the foregoing, such cooperative agreements may provide for the
679 furnishing by any county, municipality, or other political
680 subdivision of fire and police protection for the authority and
681 persons and property within the authority and for the provision
682 to the authority of any services deemed necessary or desirable
683 by the board for the proper functioning of the authority.
684 (3) Without limitation of the foregoing, the board may
685 undertake and finance any of the projects of the authority, in
686 whole or in part, jointly with any municipality or
687 municipalities or in any other manner combine the projects of
688 the authority with the projects of such municipality or
689 municipalities.
690 (4) Any agreement of the type authorized by this section
691 may be made and entered into under this part for up to 99 years.
692 331.624 Contracts, grants, and contributions.—The
693 authority may make and enter into all contracts and agreements
694 necessary or incidental to the performance of the functions of
695 the authority and the execution of its powers; may co ntract
696 with, and accept and receive grants or loans of money, material,
697 or property from, any person, private or public, as the board
698 determines is necessary or desirable to carry out the purposes
699 of this part; and, in connection with any such contract, grant,
700 or loan, may stipulate and agree to such covenants, terms, and
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701 conditions as the board deems appropriate.
702 331.625 Environmental permits.—The authority shall obtain
703 required environmental permits in accordance with federal and
704 state law and shall comply with chapter 380.
705 331.628 Sovereign immunity.—As an independent special
706 district, the authority has sovereign immunity in the same
707 manner as the state under the laws and Constitution of the State
708 of Florida. The state, by this section, waives the sovereign
709 immunity granted to the same extent as waived by the state under
710 state law.
711 331.630 Enforcement and penalties.—The board or any
712 aggrieved person may have recourse to such remedies in law and
713 equity as may be necessary to ensure compliance with thi s part,
714 including injunctive relief to enjoin or restrain any person
715 violating this part and any bylaws, resolutions, regulations,
716 rules, codes, or orders adopted under this part, and the court
717 shall, upon proof of such violation, issue such temporary and
718 permanent injunctions as are necessary to prevent further
719 violation thereof. If any building or structure is erected,
720 constructed, reconstructed, altered, repaired, converted, or
721 maintained, or any building, structure, land, or water is used,
722 in violation of this part or of any code, order, resolution, or
723 other regulation made under authority conferred by this part or
724 under law, the board may institute any appropriate action or
725 proceeding to prevent such unlawful erection, construction,
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726 reconstruction, alteration, repair, conversion, maintenance, or
727 use; to restrain, correct, or avoid such violation; to prevent
728 the occupancy of such building, structure, land, or water; and
729 to prevent any illegal act, conduct, business, or use in or
730 about such premises, land, or water.
731 331.631 Revenue bonds.—
732 (1) Revenue bonds issued by the authority shall not be
733 deemed revenue bonds issued by the state or its agencies for
734 purposes of s. 11, Art. VII of the State Constitution and ss.
735 215.57-215.83. The authority shall include in its annual report
736 to the Governor and Legislature, as provided in s. 331.610, a
737 summary of the status of existing and proposed bonding projects.
738 (2) The issuance of revenue bonds may be secured by or
739 payable from the gross or net pledge of the revenues to be
740 derived from any project or combination of projects; from the
741 rates, fees, rentals, tolls, fares, assessments, or other
742 charges to be collected from the users of any project or
743 projects; from any revenue-producing undertaking or activity of
744 the authority; or from any source of pledged security other than
745 state appropriations. Such bonds are not secured by the full
746 faith and credit of the authority. Bonds issued by the authority
747 are not secured by the full faith and credit of the authority
748 and do not constitute an obligation, general or special,
749 thereof.
750 (3) Any two or more projects may be combined and
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751 consolidated into a single project and may thereafter be
752 operated and maintained as a single project. The revenue bonds
753 authorized herein may be issued to finance any one or more such
754 projects separately, or to finance two or more such projects,
755 regardless of whether such projects have been combined and
756 consolidated into a single project. If the board deems it
757 advisable, the proceedings authorizing such revenue bonds may
758 provide that the authority may thereafter combine the projects
759 then being financed or theretofore financed with other projects
760 to be subsequently financed by the authority on a parity with
761 the revenue bonds then being issued, all on such terms,
762 conditions, and limitations as shall be provided, and may
763 further provide that the revenues to be derived from the
764 subsequent projects shall at the time of the issuance of such
765 parity revenue bonds be also pledged to the holders of any
766 revenue bonds theretofore issued to finance the revenue
767 undertakings that are later combined with such subsequent
768 projects. The authority may pledge for the security of the
769 revenue bonds a fixed amount without regard to any fixed
770 proportion of the gross revenues of any project.
771 331.632 Issuance of additional bonds.—If the proceeds of
772 any bonds are less than the cost of completing the project in
773 connection with which such bonds are issued, the board may
774 authorize the issuance of additional bonds, upon such terms and
775 conditions as the board may provide in the resolution
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776 authorizing such issuance, but only in compliance with the
777 resolution or other proceedings authorizing the issuance of the
778 original bonds.
779 331.633 Refunding bonds.—The authority, through its board,
780 may issue bonds to provide for the retirement or refunding of
781 any bonds or obligations of the authority that at the time of
782 such issuance are, or subsequently thereto become, due and
783 payable, or that at the time of issuance have been called, or
784 are or will be subject to call, for redemption within 10 years
785 thereafter, or the surrender of which can be procured from the
786 holders thereof at prices satisfactory to the board. Refunding
787 bonds may be issued at any time when, in the judgment of the
788 board, such issuance will be advantageous to the authority. The
789 provisions of this part pertaining to bonds of the authority
790 shall, unless the context otherwise requires, govern the
791 issuance of refunding bonds, the form and other details thereof,
792 the rights of the holders thereof, and the duties of the board
793 with respect thereto.
794 331.635 Lien of pledges.—All pledges of revenues made
795 pursuant to this part shall be valid and binding from the time
796 such pledges are made. All such revenues so pledged and
797 thereafter collected shall immediately be subject to the lien of
798 such pledges without any physical delivery thereof or further
799 action, and the lien of such pledges shall be valid and binding
800 as against all parties having claims of any kind in tort,
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801 contract, or otherwise against the authority, regardless of
802 whether such parties have notice thereof.
803 331.638 Trust agreements.—In the discretion of the board,
804 any issue of bonds may be secured by a trust agreement by and
805 between the authority and a corporate trustee, which may be any
806 trust company or bank having the powers of a trust company
807 within or outside the state. The resolution authorizing the
808 issuance of the bonds or such trust agreement may pledge the
809 revenues to be received from any projects of the authority and
810 any other authorized moneys to be used for the repayment of
811 bonds and may contain such provisions for protecting and
812 enforcing the rights and remedies of the bondholders as the
813 board may approve, including, without limitation, covenants
814 setting forth the duties of the authority in relation to the
815 acquisition, planning, development, construction,
816 reconstruction, improvement, maintenance, repair, operation, and
817 insurance of any projects, the fixing and revision of the rates,
818 fees, rentals, tolls, fares, and charges, and the custody,
819 safeguarding, and application of all moneys, and for the
820 employment of consulting engineers in connection with such
821 acquisition, planning, development, construction,
822 reconstruction, improvement, maintenance, repair, or operation.
823 It shall be lawful for any bank or trust company incorporated
824 under the laws of the state or the United States which may act
825 as a depository of the proceeds of bonds or of revenues to
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826 furnish such indemnifying bonds or to pledge such securities as
827 required by the authority. Such resolution or trust agreement
828 may set forth the rights and remedies of the bondholders and of
829 the trustee, if any, and may restrict the individual right of
830 action by bondholders. The board may provide for the payment of
831 the proceeds of the sale of the bonds and the revenues of any
832 project to such officer, board, or depository as it may
833 designate for the custody thereof, and for the method of
834 disbursement thereof, with such safeguards and restrictions as
835 it may determine. All expenses incurred in carrying out such
836 resolution or trust agreement may be treated as part of the cost
837 of the project to which such trust agreement pertains.
838 331.639 Sale of bonds.—Bonds may be sold in blocks or
839 installments at different times, or an entire issue o r series
840 may be sold at one time. Bonds may only be sold at public sale
841 after being advertised and publicly noticed, unless the
842 authority has previously complied with s. 218.385. Bonds may be
843 sold or exchanged for refunding bonds. Special assessment and
844 revenue bonds may be delivered as payment by the authority of
845 the purchase price or lease of any project or part thereof, or a
846 combination of projects or parts thereof, or as the purchase
847 price of, or exchange for, any property, real, personal, or
848 mixed, including franchises, or services rendered by any
849 contractor, engineer, or other person, all at one time or in
850 blocks from time to time, in such manner and upon such terms as
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851 the board in its discretion determines. The price or prices for
852 any bonds sold, exchanged, or delivered may be:
853 (1) The money paid for the bonds.
854 (2) The principal amount, plus accrued interest to date of
855 redemption or exchange, of outstanding obligations exchanged for
856 refunding bonds.
857 (3) In the case of special assessment or revenue bonds,
858 the amount of any indebtedness to contractors or other persons
859 paid with such bonds, or the fair value of any properties
860 exchanged for the bonds, as determined by the board.
861 331.640 Authorization and form of bonds.—Bonds may be
862 authorized by resolution or resolutions of the board which are
863 adopted by a majority of all of the members thereof then in
864 office and present at the meeting at which the resolution or
865 resolutions are adopted and shall be approved as provided in s.
866 331.605. The resolution or resolutions of the board may be
867 adopted at the same meeting at which they are introduced and
868 shall be published and noticed. The board may by resolution
869 authorize the issuance of bonds and determine the aggregate
870 amount of bonds to be issued, the purpose or purposes for which
871 the moneys derived therefrom shall be expended, the rate or
872 rates of interest, the denomination of the bonds, whether the
873 bonds are to be issued in one or more series, the date or dates
874 thereof, the date or dates of maturity, which shall not exceed
875 30 years from their respective dates of issuance, the medium of
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876 payment, the place or places within or without the state where
877 payment shall be made, registration privileges, redemption terms
878 and privileges, whether with or without premium, the manner of
879 execution, the form of the bonds including any interest coupons
880 to be attached thereto, the manner of execution of bonds and
881 coupons, and any and all other terms, covenants, and conditions
882 thereof, and the establishment of reserve or other funds. Such
883 authorizing resolution may further provide that such bonds may
884 be executed manually or by engraved, lithographed, or facsimile
885 signature, provided that where signatures are engraved,
886 lithographed, or facsimile, a bond is not valid unless
887 countersigned by a registrar or other officer designated by
888 appropriate resolution of the board. The seal of the authority
889 may be affixed, lithographed, engraved, or otherwise reproduced
890 in facsimile on such bonds. If any officer whose signature or a
891 facsimile of whose signature appears on any bonds or coupons
892 ceases to be such officer before the delivery of such bonds,
893 such signature or facsimile is nevertheless valid and sufficient
894 for all purposes as if the officer had remained in office until
895 such delivery.
896 331.641 Interim certificates; replacement certificates. —
897 Pending the preparation of definitive bonds, the board may issue
898 interim certificates or receipts or temporary bonds, in such
899 form and with such provisions as the board determines,
900 exchangeable for definitive bonds when such bonds have been
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901 executed and are available for delivery. The board may also
902 provide for the replacement of any bonds that are mutilated,
903 lost, or destroyed.
904 331.642 Negotiability of bonds.—Any bond issued under this
905 part and any interim certificate, receipt, or temporary bond
906 shall, in the absence of an express recital on the face thereof
907 that it is nonnegotiable, be fully negotiable and shall be and
908 constitute negotiable instruments within the meaning and for all
909 purposes of the law merchant and the laws of the State of
910 Florida.
911 331.643 Defeasance.—The board may make such provision with
912 respect to the defeasance of the right, title, and interest of
913 the holders of any of the bonds and obligations of the authority
914 in any revenues, funds, or other properties by which such bonds
915 are secured as the board deems appropriate and, without
916 limitation on the foregoing, may provide that when such bonds or
917 obligations become due and payable or have been called for
918 redemption, and the whole amount of the principal and the
919 interest and premium, if any, due and payable upon the bonds or
920 obligations when outstanding are paid, or sufficient moneys or
921 direct obligations of the United States Government the principal
922 of and the interest on which, when due, will provide sufficient
923 moneys, are held or deposited in trust for such purpose, and
924 provision shall also be made for paying all other sums payable
925 in connection with such bonds or other obligations, then the
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926 right, title, and interest of the holders of the bonds in any
927 revenues, funds, or other properties by which such bonds are
928 secured shall thereupon cease, terminate, and become void. The
929 board may apply any surplus in any sinking fund established in
930 connection with such bonds or obligations and all balances
931 remaining in all other funds or accounts other than money held
932 for the redemption or payment of the bonds or other obligations
933 to any lawful purpose of the authority as the board determines.
934 331.644 Bonds as legal investment or security.—
935 Notwithstanding any other provision of law to the contrary, all
936 bonds issued under this part shall constitute legal investments
937 for savings banks, banks, trust companies, insurance companies,
938 executors, administrators, trustees, guardians, and other
939 fiduciaries, and for any board, body, agency, instrumentality,
940 county, municipality, or other political subdivision of the
941 state, and shall constitute securities that may be deposited by
942 banks or trust companies as security for deposits of state,
943 county, municipal, or other public funds or by insurance
944 companies as required or voluntary statutory deposits.
945 331.645 Covenants.—Any resolution authorizing the issuance
946 of bonds may contain such covenants as the board deems
947 advisable, and all such covenants shall constitute valid,
948 legally binding, and enforceable contracts between the authority
949 and the bondholders, regardless of the time of issuance thereof.
950 Such covenants may include, without limitation, covenants
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951 concerning the disposition of the bond proceeds, the use a nd
952 disposition of project revenues, the pledging of revenues and
953 assessments, the obligations of the authority with respect to
954 the operation of the project and the maintenance of adequate
955 project revenues, the issuance of additional bonds, the
956 appointment, powers, and duties of trustees and receivers, the
957 acquisition of outstanding bonds and obligations, restrictions
958 on the establishment of competing projects or facilities,
959 restrictions on the sale or disposal of the assets and property
960 of the authority, the priority of assessment liens, the priority
961 of claims by bondholders on the taxing power of the authority,
962 the maintenance of deposits to ensure the payment of revenues by
963 users of spaceport facilities and services, the discontinuance
964 of authority services by reason of delinquent payments,
965 acceleration upon default, the execution of necessary
966 instruments, the procedure for amending or abrogating covenants
967 with the bondholders, and such other covenants as may be deemed
968 necessary or desirable for the security of the bondholders.
969 331.646 Validity of bonds; validation proceedings. —Any
970 bonds issued by the authority shall be incontestable in the
971 hands of bona fide purchasers or holders for value and shall not
972 be invalid because of any irregularity or defect in the
973 proceedings for the issue and sale thereof. Before the issuance
974 of any bonds, the authority shall publish a notice at least once
975 in a newspaper or newspapers published or of general circulation
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976 in the appropriate county or counties in the state, statin g the
977 date of adoption of the resolution authorizing such obligations,
978 the amount, maximum rate of interest, and maturity of such
979 obligations, and the purpose in general terms for which such
980 obligations are to be issued, and further stating that any
981 action or proceeding questioning the validity of such
982 obligations or of the proceedings authorizing the issuance
983 thereof, or of any covenants made therein, must be instituted
984 within 20 days after the first publication of such notice, or
985 the validity of such obligations, proceedings, and covenants
986 shall not be thereafter questioned in any court. If no such
987 action or proceeding is instituted within such 20-day period,
988 the validity of such obligations, proceedings, and covenants
989 shall be conclusive, and all persons or parties shall be forever
990 barred from questioning the validity of such obligations,
991 proceedings, or covenants in any court. Alternatively, the
992 authority may validate its bonds pursuant to chapter 75.
993 331.647 Part furnishes full authority for issuance o f
994 bonds.—This part constitutes full and complete authority for the
995 issuance of bonds and the exercise of the powers of the
996 authority provided in this part. Any and all bonds issued by the
997 authority shall not be secured by the full faith and credit of
998 the state and do not constitute an obligation, general or
999 special, of the state.
1000 331.648 Investment of funds.—The board may in its
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1001 discretion invest funds of the authority through the Chief
1002 Financial Officer or in:
1003 (1) Direct obligations of or obligations guaranteed by the
1004 United States or for the payment of the principal and interest
1005 of which the faith and credit of the United States is pledged.
1006 (2) Bonds or notes issued by any of the following federal
1007 agencies:
1008 (a) Bank for Cooperatives.
1009 (b) Federal intermediate credit banks.
1010 (c) Federal home loan bank system.
1011 (d) Federal land banks.
1012 (e) Federal National Mortgage Association, including
1013 debentures or participating certificates issued by such
1014 association.
1015 (3) Public housing bonds issued by public housing
1016 authorities and secured by a pledge or annual contributions
1017 under an annual contribution contract or contracts with the
1018 United States.
1019 (4) Bonds or other interest-bearing obligations of any
1020 county, district, city, or town located in the state for which
1021 the full faith and credit of such political subdivision is
1022 pledged.
1023 (5) Any investment authorized for insurers by ss. 625.306 -
1024 625.316 and any amendments thereto.
1025 (6) Any investment authorized under s. 17.57 and any
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1026 amendments thereto.
1027 331.649 Fiscal year of authority.—The board may establish
1028 and from time to time redetermine the fiscal year of the
1029 authority. Unless the board otherwise provides, the authority's
1030 fiscal year shall be July 1 through June 30.
1031 331.650 Insurance coverage of authority; safety program.—
1032 (1) Notwithstanding any other provision of law, the State
1033 Risk Management Trust Fund established under s. 284.30 may not
1034 insure buildings and property owned or leased by the authority.
1035 (2) Notwithstanding any other provision of law, the State
1036 Risk Management Trust Fund established under s. 284.30 may not
1037 insure against any liability of the authority.
1038 (3) The authority shall establish a safety program. The
1039 safety program shall include:
1040 (a) Development and implementation of a loss prevention
1041 program which shall consist of a comprehensive safety program
1042 for the authority, including a statement, established by the
1043 board, of safety policy and responsibility.
1044 (b) Provision for regular and periodic facility and
1045 equipment inspections.
1046 (c) Investigation of job-related employee accidents and
1047 other accidents occurring on the premises of the authority or
1048 within areas of its jurisdiction.
1049 (d) Establishment of a program to promote increased safety
1050 awareness among employees, agents, and subcontractors of the
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1051 authority.
1052 (4)(a) The authority shall, if available, secure insurance
1053 coverage within reasonable limits for liability that may arise
1054 as a consequence of its responsibilities.
1055 (b) The authority shall, if available and cost-effective,
1056 secure reasonable levels of insurance coverage on its buildings,
1057 facilities, and property.
1058 (c) The authority, with respect to the purchase of
1059 insurance, shall be subject to the applicable provisions of
1060 chapter 287 and other applicable law.
1061 331.651 Participation by women, minorities, and socially
1062 and economically disadvantaged business enterprises encouraged. —
1063 It is the intent of the Legislature and the public policy of
1064 this state that women, minorities, and socially and economically
1065 disadvantaged business enterprises be encouraged to participate
1066 fully in all phases of economic and community development.
1067 Accordingly, to achieve such purpose, the authority shall, in
1068 accordance with applicable state and federal law, involve and
1069 utilize women, minorities, and socially and economically
1070 disadvantaged business enterprises in all phases of the design,
1071 development, construction, maintenance, and operation of
1072 spaceports developed under this part.
1073 331.654 Tax exemption.—The exercise of the powers granted
1074 by this part in all respects shall be for the benefit of the
1075 people of the state, for the increase of their industry and
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1076 prosperity, for the improvement of their health and living
1077 conditions, and for the provision of gainful employment and
1078 shall constitute the performance of essential public functions.
1079 The authority is not required to pay any taxes on any project or
1080 any other property owned by the authority under this part or on
1081 the income therefrom. The bonds issued under this part or on the
1082 income therefrom, including any profit made on the sale thereof,
1083 and all notes, mortgages, security agreements, letters of
1084 credit, or other instruments that arise out of or are given to
1085 secure the repayment of bonds issued in connection with a
1086 project financed under this part shall at all times be free from
1087 taxation by the state or any local unit, political subdivision,
1088 or other instrumentality of the state. However, this section
1089 does not exempt from taxation or assessments the leasehold
1090 interest of a lessee in any project or any other property or
1091 interest owned by the lessee. The exemption granted by this
1092 section is not applicable to any tax imposed by chapter 220 on
1093 interest, income, or profits on debt obligations owned by
1094 corporations.
1095 331.655 Use of name; ownership rights to intellectual
1096 property.—
1097 (1)(a) The corporate name of a corporation incorporated or
1098 authorized to transact business in this state, or the name of
1099 any person or business entity transacting business in this
1100 state, may not use the words "Northeast Florida Regional
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1101 Spaceport Authority" in its name unless the board gives written
1102 approval for such use.
1103 (b) The Department of State may dissolve, pursuant to s.
1104 607.1420, any corporation that violates paragraph (a).
1105 (2) Notwithstanding any provision of chapter 286, the
1106 legal title and every right, interest, claim, or demand of any
1107 kind in and to any patent, trademark, copyright, certification
1108 mark, or other right acquired under the patent and trademark
1109 laws of the United States or this state or any foreign country,
1110 or the application for the same, as is owned or held, acquired,
1111 or developed by the authority, under the authority and
1112 directions given it by this part, is vested in the authority for
1113 the use, benefit, and purposes provided in this part. The
1114 authority is vested with and may exercise any and all of the
1115 normal incidents of such ownership, including the receipt and
1116 disposition of royalties. Any sums received as royalties from
1117 any such rights are appropriated to the authority for any and
1118 all of the purposes and uses provided in this part.
1119 331.660 Joint participation agreement or assistance;
1120 spaceport master plan.—
1121 (1) Notwithstanding any other provision of law, the
1122 Department of Transportation may enter into a joint
1123 participation agreement with, or otherwise assist, the authority
1124 as necessary to effectuate this part and may allocate funds for
1125 such purposes in its 5-year work program. However, the
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1126 department may not fund the administrative or operational costs
1127 of the authority.
1128 (2) The authority shall develop a spaceport master plan
1129 for expansion and modernization of space transportation
1130 facilities within the region. The plan shall contain recommended
1131 projects to meet current and future commercial, national, and
1132 state space transportation requirements. The authority shall
1133 submit the plan to any appropriate metropolitan planning
1134 organization for review of intermodal impacts. The authority
1135 shall submit the plan to the Department of Transportation, and
1136 such plan may be included within the department's 5 -year work
1137 program of qualifying commercial sector launch and spaceport
1138 discretionary capacity improvement under subsection (3). The
1139 plan shall identify appropriate funding levels and include
1140 recommendations on appropriate sources of revenue that may be
1141 developed to contribute to the State Transportation Trust Fund.
1142 (3) Subject to the availability of appropriated funds, the
1143 department may participate in the capital cost of eligible
1144 spaceport discretionary capacity improvement projects. The
1145 annual legislative budget request shall be based on the proposed
1146 funding requested for approved spaceport discretionary capacity
1147 improvement projects.
1148 331.661 Construction.—This part supersedes any general or
1149 special act that is inconsistent with this part to the extent o f
1150 such inconsistency.
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1151 Section 2. This act shall take effect July 1, 2022.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1435 Code and Traffic Enforcement
SPONSOR(S): Leek
TIED BILLS: IDEN./SIM. BILLS: SB 1954
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 1 N Padgett Hall
2) Tourism, Infrastructure & Energy Subcommittee Neuffer Keating
3) Judiciary Committee
SUMMARY ANALYSIS
The ease of communicating over social media allows virtually anyone to organize spontaneous “pop-up”
events that can attract large crowds, overwhelm local resources, and endanger the safety of the general public.
During the summer of 2021, several pop-up events brought huge crowds to Daytona Beach, leading to packed
roads, fights, unruly behavior, property damage, excessive noise, and complaints from tourists and residents.
Although such behavior is prohibited under current law, law enforcement agencies and local government
officials indicate that existing statutes are not a strong enough deterrent to curb such lawless behavior when an
area is flooded with crowds, often with little or no notice to the local government.
The bill creates s. 316.1891, F.S., to assist local governments in responding to such pop-up events. The bill
authorizes the sheriff or chief administrative officer of a county or municipality to designate an area as a special
event zone in response to a special event, defined as an unpermitted activity or event organized or promoted
via a social media platform which is attended by 50 or more persons and substantially increases or disrupts the
normal flow of traffic on a roadway, street, or highway. The bill:
Doubles the statutory fine for any noncriminal traffic infraction that occurs within a special event zone;
Allows a law enforcement officer to impound a vehicle for up to 72 hours for any criminal traffic violation
or noncriminal traffic infraction that occurs in a special event zone;
Authorizes a law enforcement officer to enforce occupancy limits in a special event zone; and
Provides for the recovery of costs associated with designating and enforcing a special event zone from
the organizer or promoter of the special event.
The bill also amends s. 316.3045, F.S., which prohibits excessive noise emanating from a motor vehicle, by
removing the portion of statute which the Supreme Court of Florida deemed invalid in 2012. Additionally, the
bill updates the types of soundmaking devices that are subject to such noise limitations and authorizes a local
authority to impose more stringent regulations than those currently provided in statute.
The bill may have an indeterminate positive fiscal impact on state and local governments from the increased
fines for noncriminal traffic infractions that occur in a special event zone. The bill may have an indeterminate
positive fiscal impact on local governments by authorizing a local government to recover the costs of
designating and enforcing a special event zone from the promoter or organizer of a special event.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1435b.TIE
DATE: 2/4/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Special Event Zones
The ease of communicating over social media allows virtually anyone to organize spontaneous “pop-
up” events that can attract large crowds, overwhelm local resources, and endanger the safety of the
general public. During the 2021 Memorial Day weekend, an unpermitted pop-up event that was
promoted on social media brought huge crowds to Daytona Beach. 1 The influx of people and resulting
traffic congestion required law enforcement officers to close roads and bridges and limit beach access.2
A month later, in June 2021, another unpermitted pop-up event brought approximately 35,000 people to
Daytona Beach; leading to packed roads, fights, unruly behavior, property damage, excessive noise,
and complaints from tourists and residents.3 Although such behavior is prohibited under current law,
law enforcement agencies and local government officials indicate that existing statutes are not a strong
enough deterrent to curb such lawless behavior when an area is flooded with crowds , often with little or
no notice to the local government.
Excessive Noise
Section 316.3045, F.S., provides that it is a noncriminal traffic infraction4 for any person operating or
occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio,
tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so
that the sound is:
Plainly audible at a distance of 25 feet or more from the motor vehicle; or
Louder than necessary for the convenient hearing by persons inside the vehicle in areas
adjoining churches, schools, or hospitals.
The provisions of s. 316.3045, F.S., do not apply to any law enforcement or emergency vehicles
equipped with any communication device necessary for the performance of their duties, or to motor
vehicles used for business or political purposes, which in the normal course of conducting such
business use soundmaking devices.
In 2012, the Florida Supreme Court struck down s. 316.3045, F.S., holding that the statute was
unconstitutionally overbroad because the exemption for vehicles used for business or political purposes
created an impermissible content-based restriction on speech that was not narrowly tailored and
protected commercial speech to a greater degree than noncommercial speech.5 The Court held the
unconstitutional portion of the statute exempting vehicles used for business or political purposes could
not be severed from the remainder of the statute without expanding the scope of the statute beyond
what the Legislature intended.6 Thus, the Court invalidated the statute in its entirety.7
Effect of Proposed Changes
1 Hadas Brown, Crowds, concerning pictures prompt b ridge traffic closures in Daytona Beach , WESH (May 30, 2021),
https://www.wesh.com/article/crowds-concerning-pictures-prompt-bridge-traffic-closures-in-daytona-beach/36576831# (last visited Jan.
25, 2022).
2 Id.
3 Mike Springer and Sarah Wilson, Complaints call for Daytona Truck Meet not to return next year, WFTV (June 14, 2021),
https://www.wftv.com/news/local/volusia-county/complaints-call-daytona-truck-meet-not-return-next-
year/E2F5MBY6WVGDJF4NBI6QEYH45A/ (last visited Jan. 25, 2022).
4 A noncriminal traffic infraction in s. 316.3045, F.S., is punishable as a nonmoving violation under ch. 318, F.S. A nonmoving violation
is punishable by a fine of $30. S. 318.18(2), F.S.
5 State v. Catalano, et al., 104 So. 3d 1069 (Fla. 2012).
6 Id. at 1081.
7 Id.
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Special Event Zones
The bill creates s. 316.1891, F.S., which authorizes the sheriff or chief administrative officer of a county
or municipality to designate an area as a special event zone in response to a special event that takes
place or is reasonably anticipated to take place on a roadway, street, or highway over which the sheriff
or chief administrative officer has jurisdiction. If a special event takes place or is reasonably anticipated
to take place in multiple jurisdictions, the sheriff or chief administrative officer of each jurisdiction may
coordinate to designate a special event zone covering multiple jurisdictions.
The bill defines a “special event” as an unpermitted temporary activity or event organized or promoted
via a social media platform 8 which is attended by 50 or more persons and substantially increases or
disrupts the normal flow of traffic along a roadway, street, or highway.
The bill defines a “special event zone” as a contiguous area on or along a roadway, street, or highway
which is designated by warning signs, and includes a parking structure, a parking lot, or any other
property, whether public or private, immediately adjacent to or along the designated area.
The bill requires a sheriff or chief administrative officer to enforce a special event zone in a manner that
causes the least inconvenience to the public and that is consistent with preserving the public health,
safety, and welfare. The bill provides a special event zone must:
Be designated by the posting of a clearly legible warning sign at each point of ingress or egress
stating, “Special Event Zone–All Fines Doubled.”
Remain in effect as long as is reasonably necessary to ensure the public health, safety, and
welfare but may not remain in effect after the special event has dissipated.
The bill provides for enhanced penalties for criminal traffic violations 9 and noncriminal traffic
infractions 10 that occur within the boundaries of a special event zone. A law enforcement officer may
impound the vehicle of any person who commits a criminal traffic violation or noncriminal traffic
infraction in a special event zone for up to 72 hours. Unless the criminal charge or noncriminal
infraction is dismissed, all costs and fees associated with such impoundment must be paid by the
owner of a vehicle or, if a vehicle is leased or rented, by the person leasing or renting the vehicle. In
addition, a person who commits a noncriminal traffic infraction in a special event zone is required to pay
a fine double the amount provided in statute.
The bill provides that a sheriff or chief administrative officer of a county or municipality with the authority
to temporarily authorize a law enforcement officer to enforce occupancy limits on public or private
property within a special event zone.11
The bill provides the sheriff or chief administrative officer of a county or municipality that declares a
special event zone may recover from a promoter or organizer of a special event all relevant costs or
fees associated with designating and enforcing a special event zone. Such costs and fees include, but
are not limited to, those incurred for providing supplemental law enforcement personnel, firefighters,
emergency medical technicians or paramedics, and sanitation services. Under the bill, a “promoter or
organizer” means a person or entity who arranges, organizes, or sponsors a special event.
8 A “social media platform” means any information service, system, Internet search engine, or access software provider that:
Provides or enables computer access by multiple users to a computer server, including an Internet platform or a social media site;
Operates as a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity;
Does business in the state; and
Satisfies at least one of the following thresholds:
o Has annual gross revenues in excess of $100 million, as adjusted in January of each odd-numbered year to reflect any
increase in the Consumer Price Index.
o Has at least 100 million monthly individual platform participants globally.
The term does not include any information service, system, Internet s earch engine, or access software provider operated by a company
that owns and operates a theme park or entertainment complex as defined in s. 509.013, F.S. S. 501.2041(1)(g), F.S.
9 Examples of criminal traffic violations include reckless driving, racing, and driving under the influence.
10 Examples of noncriminal traffic infractions include speeding, careless driving, and failure to stop at a traffic s ignal.
11 Under current law, occupancy limits are prescribed by the State Fire Marshal and enforced by local fire service providers or, if a local
government has no organized fire service provider, an official designated by a local government. S. 633.118, F .S.
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Excessive Noise
The bill amends s. 316.3045, F.S., to make the excessive noise statute constitutional and update the
language to improve enforcement. Specifically, the bill:
Expands the types of soundmaking devices in a motor vehicle from which excessive noise is
prohibited by including a compact disc player, portable music or video player, cellular telephone,
tablet computer, laptop computer, stereo, television, musical instrument, or electronic
soundmaking device.
Provides a person violates the excessive noise prohibition by amplifying a sound that is louder
than necessary for convenient hearing by a person inside a vehicle in an area adjoining private
residences.
Removes the noise exemption for vehicles used for business or political purposes, which cures
the constitutional issue cited by the Florida Supreme Court.
Provides that a local authority may impose more stringent regulations on sound produced by a
radio or other mechanical or electronic soundmaking device that emanates from a motor
vehicle.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Creates s. 316.1891, F.S., relating to designation of special event zones; definitions;
enhanced penalties; vehicle impoundment.
Section 2: Amends s. 316.3045, F.S., relating to operation of radios or other mechanical soundmaking
devices or instruments in vehicles; exemptions.
Section 3: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an indeterminate positive fiscal impact on state and local governments from the
increased fines for noncriminal traffic infractions that occur in a special event zone. The bill may have
an indeterminate positive fiscal impact on local governments by authorizing a local government to
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recover the costs of designating and enforcing a special event zone from the promoter or organizer of a
special event.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking. The Department of Highway Safety and Motor
Vehicles has sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1435 2022
1 A bill to be entitled
2 An act relating to code and traffic enforcement;
3 creating s. 316.1891, F.S.; providing definitions;
4 authorizing a sheriff or chief administrative officer
5 of a county or municipality to designate a special
6 event zone under certain circumstances on a roadway ,
7 street, or highway; providing requirements for a
8 special event zone; providing enhanced penalties for a
9 person who commits a noncriminal traffic infraction in
10 a special event zone; authorizing a law enforcement
11 officer to impound the motor vehicle of a person who
12 commits a noncriminal traffic infraction or a criminal
13 traffic violation in a special event zone; providing
14 for the payment of costs and fees related thereto;
15 providing applicability; authorizing a sheriff or
16 chief administrative officer to grant certain
17 temporary authority to a law enforcement officer in a
18 special event zone; providing for recovery of costs
19 and fees associated with designating and enforcing a
20 special event zone; amending s. 316.3045, F.S.;
21 revising the types of soundmaking devices or
22 instruments subject to the prohibition against
23 operating or amplifying sound from within a motor
24 vehicle; applying such prohibition to sound emanating
25 from a motor vehicle; prohibiting such operation or
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26 amplification in areas adjoining private residences;
27 revising exemptions; providing construction; providing
28 a penalty; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 316.1891, Florida Statutes, is created
33 to read:
34 316.1891 Designation of special event zones; definitions;
35 enhanced penalties; vehicle impoundment.—
36 (1) As used in this section, the term:
37 (a) "Promoter or organizer" means a person or entity who
38 arranges, organizes, or sponsors a special event.
39 (b) "Special event" means an unpermitted temporary
40 activity or event organized or promoted via a social media
41 platform, as defined in s. 501.2041(1), which is attended by 50
42 or more persons and substantially increases or disrupts the
43 normal flow of traffic on a roadway, street, or highway.
44 (c) "Special event zone" means a contiguous area on or
45 along a roadway, street, or highway which is designated by
46 warning signs. The term includes a parking structure, a parking
47 lot, or any other property, whether public or private,
48 immediately adjacent to or along the designated area.
49 (2) In accordance with s. 316.008, the sheriff or chief
50 administrative officer of a county or municipality may designate
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51 a special event zone in response to a special event that takes
52 place or is reasonably anticipated to take place on a roadway,
53 street, or highway over which the sheriff or chief
54 administrative officer has jurisdiction. If a special event
55 takes place or is reasonably anticipated to take place in
56 multiple jurisdictions, the sheriff or chief administrative
57 officer of each jurisdiction may coordinate to designate a
58 special event zone covering multiple jurisdictions.
59 (3) The sheriff or chief administrative officer must
60 enforce a special event zone in a manner that causes the least
61 inconvenience to the public and that is consistent with
62 preserving the public health, safety, and welfare. A special
63 event zone must:
64 (a) Be designated by the posting of a clearly legible
65 warning sign at each point of ingress or egress stating,
66 "Special Event Zone—All Fines Doubled."
67 (b) Remain in effect as long as is reasonably necessary to
68 ensure the public health, safety, and welfare but may not remain
69 in effect after the special event has dissipated.
70 (4) Notwithstanding any other provision of law, a person
71 who commits a noncriminal traffic infraction in a special event
72 zone must pay a fine double the amount provided in chapter 318.
73 (5)(a) In addition to any other penalty authorized by this
74 section, a law enforcement officer may impound the motor vehicle
75 of a person who commits a noncriminal traffic infraction or a
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76 criminal traffic violation in a special event zone. The term of
77 impoundment authorized under this subsection may not exceed 72
78 hours.
79 (b) All costs and fees for the motor vehicle impoundment
80 must be paid by the owner of the vehicle or, if the vehicle is
81 leased or rented, by the person leasing or renting the vehicle,
82 unless the noncriminal traffic infraction or the criminal charge
83 is dismissed.
84 (c) Section 713.78 applies to a vehicle impounded under
85 this subsection.
86 (6) Notwithstanding s. 633.118, the sheriff or chief
87 administrative officer of a county or municipality may
88 temporarily authorize a law enforcement officer to enforce
89 occupancy limits on private or public property in a special
90 event zone. Temporary authority granted under this subsection is
91 supplemental to the authority granted in s. 633.118.
92 (7) The sheriff or chief administrative officer of a
93 county or municipality who designates a special event zone may
94 recover from a promoter or organizer of a special event all
95 relevant costs and fees associated with designating and
96 enforcing the special event zone, including, but not limited to,
97 costs and fees for the provision of supplemental law
98 enforcement, firefighter, emergency medical technician or
99 paramedic, and sanitation services.
100 Section 2. Section 316.3045, Florida Statutes, is amended
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101 to read:
102 316.3045 Operation of radios or other mechanical or
103 electronic soundmaking devices or instruments in vehicles;
104 exemptions.—
105 (1) A It is unlawful for any person operating or occupying
106 a motor vehicle on a street or highway may not to operate or
107 amplify the sound produced by a radio, tape player, compact disc
108 player, portable music or video player, cellular telephone,
109 tablet computer, laptop computer, stereo, television, musical
110 instrument, or other mechanical or electronic soundmaking device
111 or instrument, which sound emanates from within the motor
112 vehicle, so that the sound is:
113 (a) Plainly audible at a distance of 25 feet or more from
114 the motor vehicle; or
115 (b) Louder than necessary for the convenient hearing by
116 persons inside the vehicle in areas adjoining private
117 residences, churches, schools, or hospitals.
118 (2) The provisions of This section does shall not apply to
119 a any law enforcement motor vehicle equipped with a any
120 communication device necessary in the performance of law
121 enforcement duties or to an any emergency vehicle equipped with
122 a any communication device necessary in the performance of any
123 emergency procedures.
124 (3) The provisions of this section do not apply to motor
125 vehicles used for business or political purposes, which in the
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126 normal course of conducting such business use soundmaking
127 devices. The provisions of this subsection shall not be deemed
128 to prevent local authorities, with respect to streets and
129 highways under their jurisdiction and within the reasonable
130 exercise of the police power, from regulating the time and
131 manner in which such business may be operated.
132 (3)(4) The provisions of This section does do not apply to
133 the noise made by a horn or other warning device required or
134 permitted by s. 316.271. The Department of Highway Safety and
135 Motor Vehicles shall adopt promulgate rules defining "plainly
136 audible" and establish standards regarding how sound sho uld be
137 measured by law enforcement personnel who enforce the provisions
138 of this section.
139 (4) This section does not prohibit a local authority from
140 lawfully imposing more stringent regulations on sound produced
141 by a radio or other mechanical or electronic soundmaking device
142 or instrument as described in subsection (1), which sound
143 emanates from a motor vehicle.
144 (5) A violation of this section is a noncriminal traffic
145 infraction, punishable as a nonmoving violation as provided in
146 chapter 318.
147 Section 3. This act shall take effect July 1, 2022.
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PCS for HB 673
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 673 Tourist Development Taxes
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS: SB 1542
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Tourism, Infrastructure & Energy Walsh Keating
Subcommittee
SUMMARY ANALYSIS
The Local Option Tourist Development Act authorizes counties to levy five separate taxes on transient rental
transactions (tourist development taxes or TDTs), including:
The original TDT, which may be levied at the rate of 1 or 2 percent.
An additional 1 percent tax, which may be levied by counties who have previously levied the original
TDT at the 1 or 2 percent rate for at least three years.
A high tourism impact tax, which may be levied at an additional 1 percent.
A professional sports franchise facility tax, which may be levied up to an additional 1 percent.
An additional professional sports franchise facility tax no greater than 1 percent, which may be imposed
by a county that has already levied the professional sports franchise facility tax
Counties must meet certain criteria and follow specific procedures in order to levy each of the different TDTs.
Current law authorizes counties to levy TDTs as a mechanism for funding a variety of tourist-related uses,
including tourism promotion and the financing and construction of public facilities needed to increase tourist-
related business activities in the county, beach restoration and maintenance projects, and convention centers
and professional sports franchise facilities. Certain qualifying counties may use up to ten percent of TDT
revenues to reimburse their expenses to provide public safety services.
Fiscally constrained counties are counties entirely within a rural area of opportunity or where a 1 mill levy
would raise no more than $5 million in annual tax revenue.
The bill allows a county that is located adjacent to the Gulf of Mexico or Atlantic Ocean and is designated as a
fiscally constrained county, as defined above, to use up to 10 percent of TDT revenue received to reimburse
expenses for public safety services. The fiscally constrained counties located adjacent to the Gulf of Mexico or
Atlantic Ocean whom the bill may benefit include: Dixie, Franklin, Gulf, Jefferson, Levy, Taylor, and Wakulla.
The bill does not appear to impact state or local government revenues or expenditures. See Fiscal Comments.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0673.TIE
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Tourist Development Taxes
The Local Option Tourist Development Act1 authorizes counties to levy five separate taxes on transient
rental2 transactions (tourist development taxes or TDTs). Depending on a county’s eligibility to levy
such taxes, the maximum potential tax rate varies:
The original TDT may be levied at the rate of 1 or 2 percent.3
An additional 1 percent tax may be levied by counties who have previously levied the original
TDT at the 1 or 2 percent rate for at least three years.4
A high tourism impact tax may be levied at an additional 1 percent. 5
A professional sports franchise facility tax may be levied up to an additional 1 percent. 6
An additional professional sports franchise facility tax no greater than 1 percent may be
imposed by a county that has already levied the professional sports franchise facility tax.7
TDT Process
Each county that levies the original 1 or 2 percent TDT is required to have a tourist development
council.8 The tourist development council is a group of residents from the county who are appointed by
the county governing board.9 The tourist development council, among other duties, makes
recommendations to the county governing board for the effective operation of special projects or for
uses of the TDT revenue.10
Prior to the authorization of the original 1 or 2 percent TDT, the levy must be approved by a countywide
referendum,11 and additional TDT levies must be authorized by a vote of the county’s governing board
or by voter approval in a countywide referendum.12 Each county proposing to levy the original 1 or 2
percent tax must then adopt an ordinance for the levy and imposition of the tax, 13 which must include a
1 Section 125.0104, F.S.
2 Section 125.0104(3)(a)(1), F.S. considers “transient rental” to be the rental or lease of any accommodation for a term of
six months or less.
3 Section 125.0104(3)(c), F.S. All sixty-seven of Florida’s counties are eligible to levy this tax, but only sixty-two counties
have done so, all at a rate of 2 percent. Office of Economic & Demographic Research (EDR), County Tax Rates: CY
2007-2022, available at http://edr.state.fl.us/Content/local-government/data/data-a-to-z/g-l.cfm (last visited Feb. 4, 2022).
These counties are estimated to realize $445 million in revenue from these taxes in the 2021-22 fiscal year. EDR, 2021
Local Government Financial Information Handbook (November 2021), p. 255, http://edr.state.fl.us/content/local-
government/reports/lgfih21.pdf (last visited Feb. 4, 2022).
4 Section 125.0104(3)(d), F.S. Fifty-six of the eligible fifty-nine counties levy this tax, with an estimated 2021-22 state fiscal
year collection of $185 million in revenue. EDR, 2021 Local Government Financial Information Handbook , supra note 3, at
259.
5 Section 125.0104(3)(m), F.S. Eight of the nine eligible counties levy this tax, with an estimated 2021-22 state fiscal year
collection of $102 million in revenue. Id. at 265.
6 Section 125.0104(3)(l), F.S. Revenue can be used to pay debt service on bonds for the construction or renovation of
professional sports franchise facilities, spring training facilities or professional sports franchises, and convention center s
and to promote and advertise tourism. Forty-five of the sixty-seven eligible counties levy this additional tax, with an
estimated 2021-22 state fiscal year collection of $205 million in revenue. Id. at 263.
7 Section 125.0104(3)(n), F.S. Thirty-one counties levy the additional professional sports franchise facility tax, with an
estimated 2021-22 state fiscal year collection of $150 million in revenue. Id. at 269.
8 Section 125.0104(4)(e), F.S.
9 Id.
10 Id.
11 Section 125.0104(6), F.S.
12 Section 125.0104(3)(d), F.S.
13 S. 125.0104(4)(a), F.S.
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plan for tourist development prepared by the tourist development council. 14 The plan for tourist
development must include the anticipated net tax revenue to be derived by the county for the two years
following the tax levy, as well as a list of the proposed uses of the tax and the approximate cost for
each project or use.15 The plan for tourist development may not be substantially amended except by
ordinance enacted by an affirmative vote of a majority plus one additional member of the governing
board.16
TDT Uses
Current law authorizes counties to levy and spend TDTs as a mechanism for funding a variety of
tourist-related uses, including tourism promotion and the financing and construction of public facilities
needed to increase tourist-related business activities in the county, beach restoration and maintenance
projects, and convention centers and professional sports franchise facilities. 17 More specifically, the
revenues derived from TDTs may be used for:18
The acquisition, construction, extension, enlargement, remodeling, repair, or improvement of a
publicly owned and operated convention center, sports stadium, sports arena, coliseum,
auditorium, aquarium, or a museum that is publicly owned and operated or owned and operated
by a not-for-profit organization, or promotion of a zoo.
Promotion and advertising of tourism in the state.
Funding of convention bureaus, tourist bureaus, tourist information centers, and news bureaus
as county agencies, or by contract with chambers of commerce or similar associations in the
county.
Financing beach park facilities or beach improvement, maintenance, renourishment, restoration,
and erosion control, including shoreline protection, enhancement, cleanup or restoration of
inland lakes and rivers to which there is public access as those uses relate to the physical
preservation of the beach, shoreline, or inland lake or river. 19
In counties with populations less than 950,000, the acquisition, construction, extension,
enlargement, remodeling, repair, or improvement, maintenance, operation, or promotion of
zoos, fishing piers, or nature centers which are publicly owned and operated or owned and
operated by a not-for-profit organization and open to the public.20
Securing revenue bonds issued by the county for the acquisition, construction, extension,
enlargement, remodeling, repair, or improvement of a publicly owned and operated convention
center, sports stadium, sports arena, coliseum, auditorium, aquarium, or a museum, or financing
beach park facilities or beach improvement, maintenance, renourishment, restoration, and
erosion control.
In addition, up to 10 percent of the tax revenue received by a county located adjacent to the Gulf of
Mexico or the Atlantic Ocean may be used to reimburse expenses incurred in providing public safety
services, including emergency medical services and law enforcement services, which are needed to
address impacts related to increased tourism and visitors to an area. 21 However, current law does not
allow some counties adjacent to the Gulf of Mexico or the Atlantic Ocean to reimburse these public
safety service expenses when the county receives revenue from taxes levied pursuant to a tourist
impact tax within an area of critical state concern,22 or if the county does not meet all of the following
criteria:
14 S. 125.0104(4), F.S.
15 See s. 125.0104(4), F.S.
16 See s. 125.0104(4), F.S. The provisions found in s. 125.0104(4)(a)-(d), F.S., do not apply to the high tourism impact
tax, the professional sports franchise facility tax, or the additional professional sports franchise facility tax.
17 Florida Legislative Committee on Intergovernmental Relations, Issue Brief: Utilization of Local Option Tourist Taxes by
Florida Counties in Fiscal Year 2009-10 (December 2009), http://edr.state.fl.us/Content/local-
government/reports/localopttourist09.pdf (last visited Feb. 4, 2022).
18 S. 125.0104, F.S.
19 In counties with populations less than 100,000, up to 10 percent of tourist development tax revenues may be used for
financing beach park facilities. See s. 125.0104(5)(a), F.S.
20 S. 125.0104(5)(b), F.S.
21 S. 125.0104(5)(c), F.S.
22 See S. 125.0108, F.S.
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Generate a minimum of $10 million in annual proceeds from any tax, or any combination of
taxes, authorized to be levied pursuant to this section;
Have at least three municipalities; or
Have an estimated population of less than 225,000.23
Revenues received by a county from the original 1 percent levy or the additional 1 percent levy can be
used to pay debt service on bonds for the construction or renovation of professional sports franchise
facilities, spring training facilities or professional sports franchises, and to promote and advertise
tourism. The original 1 percent levy may also be used to operate or maintain a convention center. 24
The use of TDT revenue for any purpose not expressly authorized in statute is expressly prohibited. 25
Fiscally Constrained Counties
Fiscally Constrained Counties are counties entirely within a rural area of opportunity or where a 1 mill
levy would raise no more than $5 million in annual tax revenue.26 A rural area of opportunity is a rural
community27 or region that has been adversely affected by an extraordinary economic event, severe
distress, natural disaster, or that presents a unique economic development opportunity of regional
impact, as designated by the Governor.28 Florida’s fiscally constrained counties are: Baker, Bradford,
Calhoun, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee,
Hendry, Highlands, Holmes, Jackson, Jefferson, Lafayette, Liberty, Madison, Okeechobee, Putnam,
Suwannee, Taylor, Union, Wakulla and Washington.29
Effect of the Bill
The bill allows a county that is located adjacent to the Gulf of Mexico or Atlantic Ocean and is
designated as a fiscally constrained county, as defined by current law, to use up to 10 percent of TDT
revenue received to reimburse expenses for public safety services. Qualifying counties may do so even
if they are an area of critical state concern or do not meet the requirements currently in statute of
generating $10 million in annual TDT proceeds, having at least 3 municipalities, and having a
population less than 225,000.
The fiscally constrained counties located adjacent to the Gulf of Mexico or Atlantic Ocean which the bill
may benefit include: Dixie, Franklin, Gulf, Jefferson, Levy, Taylor, and Wakulla. 30
B. SECTION DIRECTORY:
Section 1: Amends s. 125.0104, F.S., relating to tourist development tax; procedure for levying;
authorized uses; referendum; enforcement.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
23 S. 125.0104(5)(c), F.S.
24 S. 125.0104(5)(d). F.S.
25 S. 125.0104(5)(e), F.S.
26 S. 218.67(1), F.S.
27 A “rural community” as the term relates to counties means a county with a population of 75,000 or fewer, or a county
with a population of 125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer. See s.
288.0656(1)(e), F.S.
28 S. 288.0656(1)(d), F.S.
29 Florida Department of Revenue, Fiscally Constrained Counties,
https://floridarevenue.com/property/Documents/fcco081210.pdf (last visited Feb. 4, 2022).
30 These counties may not have previously qualified to use ten percent of TDT funds for public safety purposes because
none of the counties generated more than $10 million in TDT proceeds. See EDR, 2021 Local Government Financial
Information Handbook , supra note 3, at 260-61.
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1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None. See Fiscal Comments.
2. Expenditures:
None. See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill authorizes certain counties to use existing TDT funds for the additional purpose of providing
public safety services. This may encourage additional spending for public safety services in those
counties but decrease spending of TDT funds for other purposes.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 673 2022
1 A bill to be entitled
2 An act relating to tourist development taxes; amending
3 s. 125.0104, F.S.; authorizing certain fiscally
4 constrained counties to be reimbursed for the use of
5 tourist development tax revenues for certain purposes
6 regardless of whether certain other requirements are
7 met; correcting a cross-reference; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraphs (d) and (e) of subsection (5) of
13 section 125.0104, Florida Statutes, are redesignated as
14 paragraphs (e) and (f), respectively, present paragraph (e) of
15 that subsection is amended, and new paragraph (d) is added to
16 that subsection, to read:
17 125.0104 Tourist development tax; procedure for levying;
18 authorized uses; referendum; enforcement.—
19 (5) AUTHORIZED USES OF REVENUE.—
20 (d) A fiscally constrained county, as defined in s.
21 218.67(1) that is located adjacent to the Gulf of Mexico or the
22 Atlantic Ocean, may use up to 10 percent of the tourist
23 development tax revenues received to reimburse expenses incurred
24 in providing public safety services, even if the county
25 designated as a fiscally constrained county does not meet the
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PCS for HB 673
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PCS for HB 673 2022
26 requirements under paragraph (c).
27 (e)(d) The revenues to be derived from the tourist
28 development tax may be pledged to secure and liquidate revenue
29 bonds issued by the county for the purposes set forth in
30 subparagraphs (a)1., 2., and 5. or for the purpose of refunding
31 bonds previously issued for such purposes, or both; however, no
32 more than 50 percent of the revenues from the tourist
33 development tax may be pledged to secure and liquidate revenue
34 bonds or revenue refunding bonds issued for the purposes set
35 forth in subparagraph (a)5. Such revenue bonds and revenue
36 refunding bonds may be authorized and issued in such principal
37 amounts, with such interest rates and maturity date s, and
38 subject to such other terms, conditions, and covenants as the
39 governing board of the county shall provide. The Legislature
40 intends that this paragraph be full and complete authority for
41 accomplishing such purposes, but such authority is supplemental
42 and additional to, and not in derogation of, any powers now
43 existing or later conferred under law.
44 (f)(e) Any use of the local option tourist development tax
45 revenues collected pursuant to this section for a purpose not
46 expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
47 paragraphs (a)-(e)(a)-(d) of this subsection is expressly
48 prohibited.
49 Section 2. This act shall take effect July 1, 2022.
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PCS for HB 1517
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1517 Motor Vehicles
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Tourism, Infrastructure & Energy Johnson Keating
Subcommittee
SUMMARY ANALYSIS
Under Florida law, an application for a certificate of title on a motor vehicle or mobile home must be filed with
the Department of Highway Safety and Motor Vehicles (DHSMV) and be accompanied by the appropriate fees.
A certificate of title is the proof of ownership of a vehicle, mobile home, or vessel in Florida. After the purchase
of a motor vehicle or a mobile home from a licensed dealer, the dealer has 30 days to apply for a tag and title
for the purchaser. DHSMV may deny, suspend, or revoke the license of a dealer who shows a pattern of failing
to apply for the certificate within the prescribed period of time.
Florida law also authorizes DHSMV to issue temporary registration tags for motor vehicles. Unless otherwise
provided in law, a temporary tag is valid for 30 days, and no more than two temporary tags may be issued to
the same person for the same vehicle. The penalty for an expired tag begins as a noncriminal traffic infraction
and gradually becomes a second-degree misdemeanor.
The bill increases the length of time in which a motor vehicle dealer or mobile home dealer must apply to
DHSMV for a certificate of title for a motor vehicle or mobile home to 60 days after the delivery of the motor
vehicle or consummation of the sale of the motor home to the purchaser.
The bill also increases the length of time that most temporary tags are valid to 60 days.
The bill does not appear to impact state or local government revenues or expenditures.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/4/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Certificates of Title
A certificate of title is the proof of ownership of a vehicle, mobile home, or vessel. Most vehicles, mobile
homes, and vessels are required to be titled, except for mopeds, motorized bicycles, and trailers
weighing less than 2,000 pounds.1 An application for a certificate of title must be filed with the
Department of Highway Safety and Motor Vehicles (DHSMV) and be accompanied by the appropriate
fee.2
Under Florida law, after the purchase of a motor vehicle or a mobile home from a licensed dealer, the
dealer has 30 days to apply for a tag and title on behalf of the purchaser. 3
If a motor vehicle dealer fails to do so within the prescribed 30 days, DHSMV has the authority to deny,
suspend, or revoke the dealer’s license, if the failure occurs with sufficient frequency to establish a
pattern of wrongdoing.4
DHSMV routinely monitors dealers that fail to apply for a title in 30 days as required by law. It focuses
its resources only on those dealers with multiple title applications that are filed more than 75 days after
the sale. DHSMV contacts the dealer to ask for an explanation and seeks compliance. If the
explanation is not satisfactory, a notice of a failed records inspection is provided to the dealer. DHSMV
then conducts a follow up inspection approximately 60 days later. If the problem persists, DHSMV can
seek an administrative fine against the dealer. The fine is typically $250 to $500 per violation. However,
DHSMV typically only fines dealers for applications that are filed more than 90 days from the sale
date.5
In recent years, the number of dealer transactions that were not filed by the 30-day deadline were:6
Fiscal Year Number of Transactions
2018-2019 373,515
2019-2020 337,355
2020-2021 493,141
Temporary Tags
Florida law authorizes DHSMV to design, issue, and regulate the use of temporary tags for the
following purposes:
Where a dealer license plate may not be lawfully used.
For a casual or private sale.
For certified companies who transport motor vehicles, mobile homes, or recreational vehicles
from one place to another.
For financial institutions for the purpose of demonstrating repossessions for sale.
Where a motor vehicle is sold to a resident of another state.
1 Department of Highway Safety and Motor Vehicles, General Information, https://www.flhsmv.gov/motor-vehicles-tags-titles/liens-and-
titles/ (last visited Jan. 20, 2022).
2 S. 319.23(1), F.S.
3 S. 319.23(6)(a), F.S.
4 S. 320.27(9)(b)6., F.S.
5 E-mail from Kevin Jacobs, Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 1517 Questions
(Jan. 24, 2022).
6 Id.
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Where a motor vehicle is required to be weighed or emission tested prior to registration or have
a vehicle identification number verified.
Where an out-of-state resident, subject to registration in this state, must secure ownership
documentation from his or her home state.
For a rental car company on vehicles offered for lease.
In the resolution of a consumer complaint.
While a personalized prestige or specialty license plate is being manufactured.
In any case where a permanent license plate cannot legally be issued to an applicant.
For use by licensed dealers to transport motor vehicles and recreational vehicles from the
dealer's licensed location to and from an off-premise sale.7
Except otherwise specified in statute, a temporary tag is valid for 30 days, and no more than two
temporary tags may be issued to the same person for the same vehicle. 8 For a registration that has
been expired for less than six months, the violation is a noncriminal traffic infraction punishable as a
nonmoving violation. The penalty moves to a second-degree misdemeanor for a second or subsequent
offense of a motor vehicle registration that has been expired for greater than six months. 9
Effect of the Bill
The bill increases the length of time in which a motor vehicle dealer or mobile home dealer must apply
to DHSMV for a certificate of title for a motor vehicle or mobile home to 60 days after the delivery of the
motor vehicle or consummation of the sale of the motor home to the purchaser.
The bill also increases the length of time that most temporary tags are valid to 60 days.
The bill has an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1 Amends s. 319.23, F.S., relating to application for and issuance of, certificate of title.
Section 2 Amends s. 320.21, F.S., relating to temporary tags.
Section 3 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
7 S. 320.131(1), F.S.
8 S. 320.131(2), F.S.
9 Ss. 320.07(3)(a)-(c), F.S.
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DATE: 2/4/2022
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.
2. Other:
Not applicable.
B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1517 2022
1 A bill to be entitled
2 An act relating to motor vehicles; amending s. 319.23,
3 F.S.; revising the length of time that motor vehicle
4 dealers and mobile home dealers have to obtain
5 certificates of title in the name of a purchaser;
6 amending s. 320.131, F.S.; increasing the length of
7 time that a temporary tag must be valid; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (a) of subsection (6) of section
13 319.23, Florida Statutes, is amended to read:
14 319.23 Application for, and issuance of, certificate of
15 title.—
16 (6)(a) In the case of the sale of a motor vehicle or
17 mobile home by a licensed dealer to a general purchaser, the
18 certificate of title must be obtained in the name of the
19 purchaser by the dealer upon application signed by the
20 purchaser, and in each other case the certificate must be
21 obtained by the purchaser. In each case of transfer of a motor
22 vehicle or mobile home, the application for a certificate of
23 title, a corrected certificate, or an assignment or reassignment
24 must be filed within 60 30 days after the delivery of the motor
25 vehicle or after consummation of the sale of the mobile home to
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26 the purchaser. An applicant must pay a fee of $20, in addition
27 to all other fees and penalties required by law, for failing to
28 file such application within the specified time. In the case of
29 the sale of a motor vehicle by a licensed motor vehicle dealer
30 to a general purchaser who resides in another state or country,
31 the dealer is not required to apply for a certificate of title
32 for the motor vehicle; however, the dealer must transfer
33 ownership and reassign the certificate of title or
34 manufacturer's certificate of origin to the purchaser, and the
35 purchaser must sign an affidavit, as approved by the department,
36 that the purchaser will title and register the motor vehicle in
37 another state or country.
38 Section 2. Subsection (2) of section 320.131, Florida
39 Statutes, is amended to read:
40 320.131 Temporary tags.—
41 (2) The department is authorized to sell temporary tags,
42 in addition to those listed above, to their agents and where
43 need is demonstrated by a consumer complainant. The fee shall be
44 $2 each. One dollar from each tag sold shall be deposited into
45 the Brain and Spinal Cord Injury Program Trust Fund, with the
46 remaining proceeds being deposited into the Highway Safety
47 Operating Trust Fund. Agents of the department shall sell
48 temporary tags for $2 each and shall charge the service charge
49 authorized by s. 320.04 per transaction, regardless of the
50 quantity sold. Requests for purchase of temporary tags to the
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51 department or its agents shall be made, where applicable, on
52 letterhead stationery and notarized. Except as specifically
53 provided otherwise, a temporary tag shall be valid for 60 30
54 days, and no more than two shall be issued to the same person
55 for the same vehicle.
56 Section 3. This act shall take effect July 1, 2022.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
PCS for HB 1517 by Rep. D. Smith
Motor Vehicles
AMENDMENT SUMMARY
February 8, 2022
Amendment 1 by Rep. D. Smith (Line 38):
• Removes the provision authorizing a temporary tag to be valid for 60 days.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 1517 (2022)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Smith, D. offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 38-55
7
8
9 -----------------------------------------------------
10 T I T L E A M E N D M E N T
11 Remove lines 6-7 and insert:
12 providing an
PCS for HB 1517 a1
Published On: 2/7/2022 4:19:40 PM
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